Herschowsky v. Guardianship of Herschowsky

Petitioner Teena Herschowsky seeks certiorari review of a Broward County circuit court order which granted Erica Levine and Norman Herschowsky's motion to disqualify petitioner's counsel, Attorney John Fenner. We grant this petition and quash the order of disqualification. Petitioner is the daughter of Julius Herschowsky, the ward in a guardianship proceeding in Broward County circuit court. Attorney Fenner represents petitioner insofar as she seeks to locate additional assets belonging to the ward and other related matters. Erica Levine, granddaughter of the ward, filed, as an interested person, a motion to disqualify Attorney Fenner. The trial court heard argument on the motion and announced at its conclusion that Fenner's appearance was unnecessary, unwarranted and ""certainly not in the best interest of the ward."" In a written order of disqualification which followed, the court stated that it was granting Levine's motion because Fenner had previously represented the ward and prepared the ward's durable power of attorney and last will and testament.