District Court of Appeal of Florida

A petition for certiorari review of a lower court order denying its motion to disqualify opposing counsel, arising from an underlying lawsuit involving allegations of neglect at a nursing home that purportedly led to the death of a resident, is granted where the lower court erred in failing to apply Bar Rule 4-1.9, and thus failed to apply the irrefutable presumption that confidences were disclosed between opposing counsel and defendant, his former client.

Appellate Information

• Decided 11/01/2006
• Published 11/01/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Christopher J. Kaiser and Sylvia H. Walbolt of Carlton Fields, P.A., St. Petersburg, and Barry A. Postman and Lee M. Cohen of Cole, Scott & Kissane, P.A., West Palm Beach, for petitioners.


• For Appellees:
  
• Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, and Daniel G. Williams of Gordon & Doner, P.A., Palm Beach Gardens, for respondent.