06/02/2026
Congratulations to our attorney, John Bogdanoff, and our client on this outstanding victory before the Fifth District Court of Appeal. We are proud to have achieved this successful result and grateful for the opportunity to advocate on our client's behalf. The case, Smith-Fullerton vs. Fullerton, involved an appeal from an order by a successor judge declining to disqualify the law firm representing the husband in a dissolution action. The law firm hired the trial court judge who retired after having presided over the pending dissolution case. While presiding, the judge entered substantive rulings in the case. The appeals court reversed, agreeing with the wife that the retired judge was disqualified and that the disqualification was imputed to the law firm because the law firm failed to comply with the dictates of Rule Regulating the Florida Bar 4-1.12(c) which requires evidence of timely screening of the disqualified attorney and of written notice of the hiring to the parties and the court. The appeals court opinion holds that competent evidence of both requirements is essential if the law firm wishes to avoid an imputed disqualification.
