GIBSON v. DWYER (2023)

District Court of Appeal of Florida, Fourth District.

Robert GIBSON, Appellant, v. Dick DWYER and Florida Investigators, Inc., Appellees.

No. 4D22-2554

Decided: August 23, 2023

Robert Gibson, Lake Worth Beach, pro se. No brief filed for appellees.

We reverse the county court's nonfinal order denying Appellant's motion to disqualify Appellees’ counsel. The county court erred in failing to reach the merits of the motion and denying it as moot. The county court determined the motion was moot because, at a prior hearing, the court had orally granted a motion for default. But the oral order granting the default had not been reduced to writing. Additionally, the underlying small claims case remains open.

Accordingly, the order denying the motion to disqualify is reversed and remanded for further consideration on the merits.

Reversed and remanded.

Per Curiam.

Levine, Conner and Kuntz JJ., concur.

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