ATTORNEYS: DISQUALIFICATION: APPEALS: CERTIORARI: TRIAL COURT DEPARTED FROM ESSENTIAL REQUIREMENTS OF LAW AND INFLICTED IRREPARABLE HARM ON THE PETITIONER BY DENYING HIS MOTION FOR DISQUALIFICATION, WITHOUT RECEIVING ANY OTHER EVIDENCE, AFTER A PRIMA FACIE CASE FOR DISQUALIFICATION HAD BEEN ESTABLISHED: REMAND FOR FULL EVIDENTIARY HEARING

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Flaig v. Coquina Palms Homeowner’s Association, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D108 (Fla. 5th DCA January 2, 2015)

The trial court conducted an evidentiary hearing on the petitioner’s motion to disqualify opposing counsel. Although the petitioner established a prima facie case, the trial court denied the motion without receiving additional evidence. The appellate court granted … Click To Read Full Case Law Review...

FAMILY LAW: POST DISSOLUTION PROCEEDINGS; LAWYERS: PROFESSIONAL RESPONSIBILITY: DISQUALIFICATION OF HUSBAND’S LAWYER, WHO WAS HIS CURRENT WIFE: HUSBAND’S LAWYER, WHO WAS LIKELY TO BE A NECESSARY WITNESS, COULD NOT REPRESENT HUSBAND AT TRIAL: ORDER OF DISQUALIFICATION WAS OVERLY BROAD BECAUSE IT PREVENTED COUNSEL FROM REPRESENTING HUSBAND BEFORE OR AFTER TRIAL: APPELLATE COURT AWARDS ATTORNEY’S FEES AS A SANCTION AGAINST WIFE’S COUNSEL FOR VIOLATING HIS DUTY OF CANDOR TO THE TRIBUNAL BY FAILING TO CONCEDE THAT DISQUALIFICATION WAS OVERLY BROAD; APPEALS: CERTIORARI: ORDER OF DISQUALIFICATION DEPARTED FROM THE ESSENTIAL REQUIREMENTS OF LAW BECAUSE IT WAS IMPERMISSIBLY OVERBROAD: HUSBAND’S PETITION WAS STUNNINGLY DISRESPECTFUL IN ITS CRITICISM OF TRIAL JUDGE: HUSBAND’S LAWYER WAS SUBJECT TO DISQUALIFICATION IN FUTURE IF HER PERSONAL INVOLVEMENT PREVENTED HER FROM ADVOCATING EFFECTIVELY FOR HUSBAND

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Lieberman v. Lieberman, ___ So. 3d ___, 39 Fla. L. Weekly D2457 (Fla. 4th DCA November 26, 2014)

The former husband was represented by his current wife in this post dissolution matrimonial proceeding for contempt.  The former wife moved to disqualify the husband’s lawyer because she would be a material witness at the contempt hearing.  The trial court granted … Click To Read Full Case Law Review...

ATTORNEYS: DISQUALIFICATION OF OPPOSING COUNSEL, WHO PREVIOUSLY REPRESENTED THE PETITIONER, WAS UNWARRANTED BECAUSE THE MATTERS WERE NOT SUBSTANTIALLY RELATED; APPEALS: CERTIORARI

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Galaxy Fireworks, Inc. v. Kozar, ___ So. 3d ___, 39 Fla. L. Weekly D1967 (Fla. 2d DCA September 12, 2014)

Galaxy and Kozar were joint venturers in the sale of fireworks.  Serralles filed three lawsuits against them: an action to enjoin Galaxy and Kozar from selling fireworks from a particular location and two actions to evict them from that property.  … Click To Read Full Case Law Review...

ATTORNEY’S: RETAINING LIEN: SUA SPONTE ORDER TO MAKE FILE AVAILABLE FOR INSPECTION AND COPYING BY SUCCESSOR COUNSEL: MOTION FOR REHEARING WOULD NOT CURE DUE PROCESS VIOLATION; APPEALS: CERTIORARI: IRREPARABLE HARM  

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Heims v. G.M.S. Marine Service Corporation, ___ So. 3d ___, 39 Fla. L. Weekly D1700 (Fla. 4th DCA August 13, 2014)

After a law firm asserted a retaining lien, the trial court sua sponte ordered the firm to make its file available for inspection and copying by successor counsel.  The appellate court granted the law firm’s petition for certiorari … Click To Read Full Case Law Review...

ATTORNEYS: DISQUALIFICATION: LAWSUIT BY FORMER EMPLOYEES AGAINST STORE MANAGERS: LAWYERS THAT PREVIOUSLY REPRESENTED STORE IN A CASE FILED BY THE FORMER EMPLOYEES COULD REPRESENT THE STORE MANAGERS: ACCESS TO PERSONAL INFORMATION IS NOT AS SERIOUS A CONCERN AS THE DISCLOSURE OF ATTORNEY-CLIENT INFORMATION

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Caruso v. Knight, ___ So. 3d ___, 38 Fla. L. Weekly D2171 (Fla. 4th DCA October 16, 2013)

Two former employees sued three store managers for “conspiring to have them fired.”  The same plaintiffs previously filed a complaint with the Florida Commission on Human Relations [FCHR] against the store for employment discrimination.  The same law firm that defended the … Click To Read Full Case Law Review...