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District Court of Appeal of Florida


Elton v. Dougherty, 5D05-4188

Petition for certiorari review of an order denying petitioner's motion to withdraw as counsel for plaintiff in a personal injury suit against tobacco companies is granted where the attorney's and client's interests were in insurmountable conflict since the attorney had determined that his client's case lacked merit, he was no longer willing to advance costs necessary to proceed, and the client could not pay them either.

Appellate Information

  • Decided 06/09/2006
  • Published 06/09/2006

Judges

  • SHARP, W., J.

Court

  • District Court of Appeal of Florida

Counsel

  • For Appellant:
  • Robert W. Elton of Revis, Elton & Blackburn, P.A., Daytona Beach, pro se., Mare Dougherty, Ormond Beach, pro se.

  • For Appellees:
  • Kenneth J. Reilly and William P. Geraghty of Shook, Hardy & Bacon, LLP, Miami, for Respondent Philip Morris USA, Inc., et al.
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