OCEAN CLUB OF PALM BEACH SHORES CONDOMINIUM ASSOCIATION, INC., PETITIONER,
v.
ESTATE OF BETTY C. DALY, DECEASED, BY AND THROUGH EDMUND S. DALY, JR., AS PERSONAL REPRESENTATIVE, JEAN DALY AND RICHARD DALY, RESPONDENTS
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The Florida Court of Appeal reversed a trial court order disqualifying the condominium association's counsel due to an alleged conflict of interest. The court held that representing a condominium association in litigation against one of its unit-owner members does not create an impermissible conflict because counsel represents the corporate entity, not individual owners.
No conflict of interest exists. The court held that counsel representing a condominium association represents the corporate entity itself, not individual unit owners, and therefore counsel may represent the association even when it litigates against member unit owners. A condominium association must be able to retain counsel in such litigation.
[1] A writ of certiorari is an appropriate remedy to review an order disqualifying counsel when the order constitutes a departure from the essential requirements of law and w…
[2] A law firm representing a condominium association does not have a conflict of interest when the association files a counterclaim against a unit owner, even if that unit o…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In representing the association, counsel represents the corporate entity, not the individual unit owners. Thus, there is no conflict of interest to contend with.”
Establishes the core legal principle that the attorney-client relationship is with the association as an entity, not with individual members, preventing conflict of interest claims based on litigation against members.
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Join FLexlaw to unlock all legal intelligenceBetty C. Daly drowned while swimming in the ocean adjacent to property owned by Ocean Club of Palm Beach Shores Condominium Association. Her estate an…
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DOWNEY, Judge.
Petitioner, Ocean Club of Palm Beach Shores Condominium Association, Inc. (Ocean Club), seeks review by writ of certiorari of an order of the trial court disqualifying petitioner's counsel and directing petitioner to obtain new counsel within thirty days.
The order in question arises out of a wrongful death and negligence action filed by the Estate of Betty C. Daly, Jean C. Daly, and Richard Daly against Ocean Club of Palm Beach Shores Condominium Association, Inc., and Ocean Club of Palm Beach Shores, wherein the defendants were charged with negligence in the drowning death of Betty C. Daly while she was swimming in the ocean adjacent to the property owned by Ocean Club of Palm Beach Shores. The alleged negligence consisted of failing to warn, failing to provide lifeguards and rescue equipment, among other things. Ocean Club answered denying the essential allegations of the complaint and affirmatively alleging comparative negligence on the part of all plaintiffs. In addition, Ocean Club filed a counterclaim against Jean and Richard Daly, alleging that they were the owners of the condominium unit in which Betty C. Daly was a guest at the time of her demise, that Jean and Richard Daly breached their duty to warn Betty of the dangerous condition of the ocean, thereby contributing to her demise. Ocean Club claimed contribution and indemnity from Jean and Richard Daly in the event it is held liable on the claim made by the respective plaintiffs. At this point the plaintiffs moved to disqualify Justus Reid and the firm of Reid & Ricca as counsel of record for Ocean Club because said counsel have appeared as counsel for Ocean Club and Ocean Club has filed a counterclaim against Jean and Richard Daly alleging that they are the owners of the condominium unit in question and, as such, had a duty to warn their guest of dangers one might encounter on the condominium premises. It is further alleged as grounds for disqualification that Jean and Richard, as owners of the condominium unit, are members of Ocean Club of Palm Beach Shores Condominium Association, Inc.
Therefore, Jean and Richard Daly conclude that Reid and his law firm have a conflict of interest. The trial judge agreed and entered the order under review. We hold that the order in question constitutes a departure from the essential requirements of law and will cause material injury to petitioner throughout the remainder of these proceedings, which injury cannot be adequately remedied by plenary appeal.
Thus, the writ of certiorari is the appropriate remedy to review the order in question. Beth S. v. Grant Associates, Inc., 426 So. 2d 1008 (Fla. 3d DCA 1983); Holland v. Tenenbaum, 360 So. 2d 493 (Fla. 4th DCA 1979).
Reid & Ricca’s representation of Ocean Club, the condominium association for all of the unit owners, is not impaired by the fact that the association is involved in litigation against one of the unit owners. Were it otherwise, a condominium association could never retain counsel in such litigation. In representing the association, counsel represents the corporate entity, not the individual unit owners. Thus, there is no conflict of interest to contend with.
Accordingly, the writ of certiorari is granted and the order appealed from is quashed.
WALDEN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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In re Est. OF Frank A. Gory, Sr., 570 So. 2d 1381 (Fla. 4th DCA 1990)…d be resorted to sparingly, see General Accident Ins. Co. v. Borg-Warner Acceptance Corp., 483 So. 2d 505 (Fla. 4th DCA 1986), and certiorari will lie to quash an order which improperly disqualifies counsel. Ocean Club Condo Ass’n v. Estate of Daly, 504 So. 2d 1377 (Fla. 4th DCA 1987); Laura McCarthy, Inc. v. Merrill-Lynch Realty/Cousins, Inc., 516 So. 2d 23 (Fla. 3d DCA 1987); Beth S. v. Grant Associates, Inc., 426 So. 2d 1008 (Fla. 3d DCA 1983). The rationale for review- by certiorari in such eases is that a…
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Schultz v. Schultz, 783 So. 2d 329 (Fla. 4th DCA 2001)…WARNER, C.J. We grant the petition for writ of certio-rari seeking review of an order disqualifying the wife’s counsel in a dissolution of marriage proceeding. We have jurisdiction. See Ocean Club Condo. Ass’n v. Estate of Daly, 504 So. 2d 1377 (Fla. 4th DCA 1987). Attorney Michael Gora, counsel for the wife, was disqualified because a retired partner, James Porter, still associated with the firm, had been appointed to be an arbitrator in a case involving the husband and his company. Howe…
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Cerillo v. Highley, 797 So. 2d 1288 (Fla. 4th DCA 2001)…he was a witness to the battery, which occurred in the courthouse. Petitioners seek certiorari, which is the appropriate remedy to quash an order improperly disqualifying counsel. Ocean Club of Palm Beach Shores Condo. Ass’n, Inc. v. Estate of Daly, 504 So. 2d 1377 (Fla. 4th DCA 1987). Petitioners argue that there were other witnesses to the battery and that their counsel will not necessarily be a witness at trial. More to the point is their contention that the fact that counsel may be a witness at trial doe…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Holland v. Tenenbaum, 360 So. 2d 493 (Fla. 4th DCA 1978)
- Beth S. by her next friends and attorneys v. Grant Assocs., Inc., 426 So. 2d 1008 (Fla. 3d DCA 1983)