Chauvet v. Estate of Chauvet

Lourdes Chauvet, personal representative and primary beneficiary of her deceased husband’s estate, appeals orders which denied her motions for substitution of counsel and disqualification of the trial judge. We agree that appeals do not lie, but treat the appeal from the denial of the motion for leave to substitute counsel as a petition for mandamus, Florida Rule of Civil Procedure 9.040(c),1 and grant the relief.2 State ex rel. Branch v. DuVal, 249 So.2d 468 (Fla. 3d DCA1971) (trial court may be directed to order substitution of counsel by proceeding in mandamus).

Petitioner submitted to the…