Martinez v. Guardia — Florida appellate court upholds denial of bid to disqualify opposing counsel as too late

Case
Kristen Martinez v. Omar Guardia
Court
Florida Third District Court of Appeal
Judge
Miller; Gooden; Rebull
Date Decided
October 28, 2026
Docket No.
3D26-1540
Topics
Attorney disqualification; Family law; Timeliness; Legal-fee liens
Source
Read the full opinion

Background

Kristen Martinez and Omar Guardia have litigated multiple disputes arising from their former relationship, including dissolution, ejectment, domestic-violence, partition, and foreclosure-related proceedings. In the dissolution case, Martinez alleges the parties entered a common-law marriage in Colorado; Guardia denies a marriage and seeks to establish paternity of Martinez’s minor child.

In June 2025, Guardia gave his lawyers mortgages on two properties to secure unpaid legal fees and costs. The mortgages were recorded that month. Martinez filed a quiet-title action in December 2025 to invalidate them, but did not move to disqualify the lawyers until May 2026—after an ejectment trial had ended in a judgment against her. She argued that the mortgages gave counsel an improper financial interest in disputed property and would make them material witnesses.

The Court’s Holding

The Third District affirmed the order denying disqualification. Reviewing for abuse of discretion, the court held that the trial court had ample support to find Martinez’s motion untimely.

The court did not decide whether the mortgages violated Florida Bar Rule 4-1.8(i). Martinez had constructive notice when the mortgages were recorded and actual notice no later than December 2025, when she sued to invalidate them. Yet she continued litigating extensively before seeking disqualification. The substantial work performed in the case also supported an inference of prejudice to Guardia and the conclusion that the motion sought a strategic advantage.

Key Takeaways

  • A motion to disqualify opposing counsel must be filed with reasonable promptness after the movant learns the relevant facts.
  • Recorded mortgages provided constructive notice of the alleged conflict, and Martinez’s quiet-title complaint independently established actual notice.
  • Courts may deny disqualification without reaching the alleged ethical violation when delay establishes waiver.

Why It Matters

The decision underscores that disqualification is an extraordinary remedy, not a tactical device available after substantial litigation has occurred. Parties who identify a potential conflict should raise it promptly, particularly where public records disclose the asserted basis for disqualification.

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