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...

ATTORNEYS: DISQUALIFICATION: INADVERTENT DISCLOSURE OF CONFIDENTIAL MEDIATION SUMMARY TO OPPOSING COUNSEL

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Moriber v. Dreiling, ___ So. 3d ___, 37 Fla. L. Weekly D2030 (Fla. 3d DCA August 22, 2012)

The appellate court denied the plaintiff’s petition for certiorari, which challenged an order denying the disqualification of defense counsel.  Plaintiff’s law firm inadvertently emailed a copy of plaintiff’s confidential mediation summary to defense counsel, who skimmed the statement but destroyed it after … Click To Read Full Case Law Review...

ATTORNEYS: DISQUALIFICATION: UNFAIR INFORMATIONAL ADVANTAGE; APPEALS: CERTIORARI

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Frye v. Ironstone Bank, ___ So. 3d ___, 36 Fla. L. Weekly D2078 (Fla. 2d DCA September 21, 2011)

The bank sued the guarantor, and the guarantor retained the lawyer to defend him. The guarantor subsequently discharged the lawyer and sued him for malpractice. The lawyer retained the law firm to defend him, and the bank retained the same law … Click To Read Full Case Law Review...

Attorneys: Disqualification; Waiver

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Zayas-Bazan. v. Marcelin,  ___ So. 3d ___, 35 Fla. L. Weekly D1632 (Fla. 3d DCA 7/21/10)

The respondents waived their right to disqualify the petitioner’s attorney based upon an alleged conflict of interests because the petitioner’s waited two and one half years to file their motion although they possessed full knowledge of the facts giving rise to the … Click To Read Full Case Law Review...