Elizabeth Marie Collins v. Sean Christopher Collins
Docket 5D2026-0242
Court of record · Indexed in NoticeRegistry archive · AI-enriched for research
- Filed
- Jurisdiction
- Florida
- Court
- District Court of Appeal of Florida
- Type
- Opinion
- Case type
- Family
- Disposition
- Affirmed
- Docket
- 5D2026-0242
Nonfinal appeal (petition for writ of certiorari/interlocutory appeal) from orders denying counsel disqualification and staying the underlying family action in the Circuit Court for St. Johns County.
Summary
The Fifth District Court of Appeal reviewed two nonfinal orders in a family-related proceeding: one denying Elizabeth Collins's motion to disqualify the respondent's trial counsel and a separate order staying the underlying action. The court treated the disqualification matter as an interlocutory appeal under the Florida Rules and affirmed the lower court's denial. The petition challenging the stay order was dismissed. The opinion is short and does not provide detailed reasoning on the merits of the disqualification ruling.
Issues Decided
- Whether the trial court erred in denying the motion to disqualify respondent's trial counsel.
- Whether the district court should grant certiorari relief from the circuit court's stay order.
Court's Reasoning
The court treated the challenge to counsel disqualification as an interlocutory appeal under the Florida Rules of Appellate Procedure and affirmed the circuit court's denial, indicating no reversible error was shown in that ruling. The court dismissed the petition seeking relief from the contemporaneous stay order, implying the petition was not a proper basis for certiorari relief in this posture. The opinion provides no extended factual or legal analysis on the disqualification or stay issues.
Authorities Cited
- Florida Rule of Appellate Procedure 9.040(c)
- Florida Rule of Appellate Procedure 9.130(a)(3)(E)
Parties
- Petitioner
- Elizabeth Marie Collins
- Respondent
- Sean Christopher Collins
- Judge
- Kenneth J. Janesk, II
- Attorney
- Scott R. Ellerin
Key Dates
- Decision date
- 2026-04-21
What You Should Do Next
- 1
Consult appellate counsel
If dissatisfied with the outcome, the affected party should consult appellate counsel promptly to evaluate options for further review or to ensure compliance with appellate deadlines.
- 2
Proceed in the trial court
Because the disqualification motion remains denied and the stay challenge was dismissed, the parties should prepare to continue litigating the underlying action unless another authorized stay or order is entered.
- 3
Consider motions in trial court
If there are new facts or procedural defects, a party may consider refiling or renewing appropriate motions in the circuit court consistent with applicable rules and timelines.
Frequently Asked Questions
- What did the court decide?
- The court affirmed the lower court's denial of the motion to disqualify the respondent's counsel and dismissed the petition challenging the stay order.
- Who is affected by this decision?
- Elizabeth Collins (the petitioner) and Sean Christopher Collins (the respondent) are directly affected, as the disqualification motion remains denied and the stay order challenge was dismissed.
- What happens next in the case?
- Because the opinion is nonfinal, the underlying circuit court proceedings continue. Parties may pursue any authorized motions in the trial court or timely pursue further appellate relief if permitted.
- Can this decision be appealed further?
- This was an interlocutory decision; further review may be possible if there is an authorized appeal or after final judgment, or by seeking other permitted discretionary review under the appellate rules.
The above suggestions and answers are AI-generated for informational purposes only. They may contain errors. NoticeRegistry assumes no responsibility for their accuracy. Consult a qualified attorney before relying on them.
Full Filing Text
FIFTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 5D2026-0242
LT Case No. 55-2025-CA-1394
_____________________________
ELIZABETH MARIE COLLINS,
Petitioner,
v.
SEAN CHRISTOPHER COLLINS,
Respondent.
_____________________________
Nonfinal appeal from the Circuit Court for St. Johns County.
Kenneth J. Janesk, II, Judge.
Elizabeth Collins, Palm Coast, pro se.
Scott R. Ellerin, of Fletcher & Phillips, Jacksonville, for
Respondent.
April 21, 2026
PER CURIAM.
Elizabeth Collins petitions for a writ of certiorari seeking
relief from a nonfinal order denying her motion to disqualify
Respondent’s trial counsel and similar relief from a separate,
contemporaneously-entered nonfinal order staying the underlying
action.
Pursuant to Florida Rule of Appellate Procedure 9.040(c), we
treat Collins’s petition regarding the order denying her motion for
disqualification of Respondent’s trial counsel as an interlocutory
appeal 1 and affirm without further discussion.
The petition for writ of certiorari regarding the stay order is
dismissed.
AFFIRMED, in part; DISMISSED, in part.
JAY, C.J., and LAMBERT and EDWARDS, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
1 We have jurisdiction under Florida Rule of Appellate
Procedure 9.130(a)(3)(E), which permits appeals to the district
courts of appeal of nonfinal orders that “grant or deny a motion to
disqualify counsel.”
2