MARC
P. OSSINSKY ATTORNEY AT LAW REPORTED CASES
Case 1
682 So.2d 1160
21 Fla. L. Weekly D2298
(Cite as: 682 So.2d 1160)
DOUBLE T CORPORATION, etc., et al., Petitioners,
v.
JALIS DEVELOPMENT, INC., etc., et al., Respondents.
No. 96-1472.
District Court of Appeal of Florida, Fifth District.
Oct. 25, 1996.
Rehearing Denied Nov. 20, 1996. |
|
*1161 Robert A. DuChemin
and Debra R. Bell, DuChemin & Associates, Orlando,
for Petitioners.
Marc P. Ossinsky,
Marc P. Ossinsky, P.A., Winter Park, for Respondent
Jalis Development, Inc.
Harkley R. Thornton,
Baker & Hostetler, Orlando, for Respondent Land
Title & Survey.
No Appearance for
other Respondents.
COBB, Judge.
Terry Rodgers
and Double T Corporation, two defendants in the underlying
civil action, seek certiorari review of an order which
denied their motion for protective order and to disqualify
plaintiff's counsel. Plaintiff, Jalis Development,
Inc. filed an action against its partner in a joint
venture, Real Income, Inc., and other defendants. Jalis'
counsel gained access to Real Income's corporate files
after Real Income filed for bankruptcy and its trustee
waived the corporate attorney-client privilege. See
Commodity Futures Trading Commission v. Weintraub,
471 U.S. 343, 105 S.Ct. 1986, 85 L.Ed.2d 372 (1985).
Prior to the bankruptcy, Rodgers, Double T, Real Income,
and others agreed to joint legal representation in
defending the suit brought by Jalis. As a result of
the bankruptcy trustee's waiver of the attorney-client
privilege, Jalis' counsel has received an informational
advantage over the defendants who agreed to joint representation,
as Real Income's corporate files include attorney-client
communications
regarding the pending civil litigation.
We grant the petition
for writ of certiorari, as the trial court departed
from the essential requirements of law in denying the
motion for disqualification. See State Farm Mutual
Automobile Insurance Co. v. K.A.W., 575 So.2d 630 (Fla.1991);
Adelman v. Adelman, 561 So.2d 671 (Fla. 3d DCA 1990);
General Accident Insurance Co. v. Borg-Warner Acceptance
Corp., 483 So.2d 505 (Fla. 4th DCA 1986) (disqualification
of counsel required where there is possibility that
parties obtained an advantage against opposing party
due to counsel's review of opposing party's claim file
and privileged documents).
PETITION GRANTED;
ORDER QUASHED.
GOSHORN, J., concurs.
GRIFFIN, J., dissents, without opinion.
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