MORENO v. LEMUS (2018)

District Court of Appeal of Florida, Third District.

Ricardo Rene Cortez MORENO, Appellant(s)/Petitioner(s), v. Sergio Hernandez LEMUS, et al., Appellee(s)/Respondent(s),

CASE NO.: 3D17–2477

Decided: January 04, 2018

Based on the sole claim currently remaining in this lawsuit, we deny the petition without prejudice to the petitioner in the event he is successful on appeal and reinstatement of his claims against the dismissed defendants occurs. In denying the petition, we have not addressed, nor determined, the petitioner's standing to raise conflict among the previously identified defendants as grounds for the plaintiff's (the petitioner here) motion to disqualify the defendants' counsel, or the existence and sufficiency of any express waivers of conflict allegedly filed since the second motion to disqualify was filed.

ROTHENBERG, C.J., and EMAS and LUCK, JJ., concur.

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