PAUL FOUNTAS v. JOHN FOUNTAS MICROCOMPUTER RESOURCES INC (2011)

District Court of Appeal of Florida, Fourth District.

PAUL P. FOUNTAS, Petitioner, v. JOHN P. FOUNTAS, derivatively on behalf of himself and all similarly situated shareholders of MICROCOMPUTER RESOURCES, INC., a Florida corporation, Respondent.

No. 4D11–674

Decided: June 22, 2011

We grant the petition for writ of certiorari and quash the portion of the circuit court's order disqualifying counsel. On remand, the circuit court shall conduct an evidentiary hearing required by Koulisis v. Rivers, 730 So.2d 289 (Fla. 4th DCA 1999). See First Miami Secs., Inc. v. Sylvia, 780 So.2d 250, 253 (Fla. 3d DCA 2001).

Gross, C.J., Warner and Gerber, JJ., concur.

* * *

Petition for writ of certiorari to the Seventeenth Judicial Circuit, Broward County; Robert A. Rosenberg, Judge; L.T. Case No. 06–13452–08.

Harris K. Solomon of Brinkley Morgan, Fort Lauderdale, for petitioner.

Steven N. Lippman of Rice Pugatch Robinson & Schiller, P.A., Fort Lauderdale, for respondent.

Per Curiam.

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