Koshakv. Malek
Defendant and appellant Hany Malek (Malek) appeals from two orders of the trial court: (i) an order adopting the findings of a referee concerning the validity of claims of third-party creditors against the assets of the receivership estate; and (ii) an order denying Malek’s motion to disqualify plaintiff and respondent Michael Koshak’s (Koshak) attorney, the receiver, and their respective law firms. According to Malek, certain findings of the referee were made without proper notice in violation of his due process rights and the trial court’s order denying his disqualification motion was an abuse of discretion.
We hold that Malek forfeited his due process challenge because he failed to raise that issue in the trial court. We further hold that the trial court did not abuse its discretion in denying Malek’s motion to disqualify because that motion was not supported by competent evidence showing unauthorized disclosure and use of privileged documents. Therefore, we affirm the two orders from which Malek appeals.
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