PMG COLLINS, LLC, PETITIONER,
v.
R AND G ENTERPRISES, LLC, RESPONDENT
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The court quashed an order disqualifying defendant's counsel because the law firm previously represented only a principal of plaintiff LLC, not the LLC itself, and thus no attorney-client relationship existed between counsel and the plaintiff to create a conflict of interest.
An attorney's prior representation of a shareholder or principal of an LLC does not create a conflict of interest disqualifying the attorney from representing the opposing party in a subsequent action against the LLC.
[1] Prior representation of a shareholder or principal of an LLC in unrelated matters does not establish an attorney-client relationship with the LLC itself and therefore doe…
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Join FLexlaw to unlock all legal intelligence“One seeking to disqualify opposing counsel [is] required to show that ... an attorney/client relationship existed.”
Court citing Anderson Trucking Service, Inc. v. Gibson for the standard that disqualification requires proof of an attorney-client relationship.
Defendant R and G Enterprises sought certiorari review of an order disqualifying its chosen counsel, Coffey Burlington, in an action seeking rescissio…
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The defendant below in an action seeking rescission of a contract for the sale of a condominium unit seeks certiorari review of an order disqualifying its chosen counsel, Coffey Burlington, on the grounds that the law firm had previously personally represented one of the principals of the plaintiff LLC in unrelated matters. Without exploring any other infirmity in the order, the simple, acknowledged fact that counsel did not represent the plaintiff itself and thus cannot be in forbidden conflict with its interests renders the order completely unsupportable. Gonzalez v. Chillura, 892 So.2d 1075 (Fla. 2d DCA 2004) (finding that attorney’s representation of a shareholder in a derivative suit did not create an attorney-client relationship between the attorney or his law firm and the corpora*606tion and therefore, did not establish a basis for conflict in the shareholder’s subsequent direct actions against the corporation); Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046, 1048 (Fla. 5th DCA 2004) (“One seeking to disqualify opposing counsel [is] required to show that ... an attorney/client relationship existed .... ”)(citing State Fam Mutual Auto. Ins. Co. v. K.A.W., 575 So.2d 630, 634 (Fla.1991)); State v. Rabin, 495 So.2d 257 (Fla. 3d DCA 1986)(“The burden of establishing the existence of an attorney-client relationship rests with the claimant.”). Accordingly, the order is quashed.
Certiorari granted.
RAMIREZ, C.J., concurs.
(dissenting).
I would deny the petition for the extraordinary writ of certiorari based on the petitioner’s failure to provide a transcript of the evidentiary hearing during which the trial court considered this matter. See Shojaie v. Gables Court Profl Ctr., Inc., 974 So.2d 1140 (Fla. 3d DCA 2008).
CORTIÑAS, J.
(dissenting).
I would deny the petition for the extraordinary writ of certiorari based on the petitioner’s failure to provide a transcript of the evidentiary hearing during which the trial court considered this matter. See Shojaie v. Gables Court Profl Ctr., Inc., 974 So. 2d 1140 (Fla. 3d DCA 2008).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State Farm Mut. Auto. Ins. Co. v. K.A.W., 575 So. 2d 630 (Fla. 1991)
- State v. Rabin, 495 So. 2d 257 (Fla. 3d DCA 1986)
- Shohrie Shojaie v. Gables Court Prof'l Ctr., Inc., 974 So. 2d 1140 (Fla. 3d DCA 2008)
- Anderson Trucking Serv., Inc. v. Gibson, 884 So. 2d 1046 (Fla. 5th DCA 2004)
- Gonzalez v. Chillura, 892 So. 2d 1075 (Fla. 2d DCA 2004)