Opinion
No. 4D12–3905.
2013-02-27
KMS RESTAURANT CORP, a Florida Corporation, Petitioner, v. SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY P.A., and John (Jack) Scarola, Esq., Respondents.
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case No.2011CA010384. Robert C. Stone of the Law Office of Robert C. Stone, P.A., Boca Raton, for petitioner. Richard Burton Bush and Audra Michelle Bryant of Bush & Augspurger, P.A., Tallahassee, for respondents.
Petition for writ of certiorari to the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Lucy Chernow Brown, Judge; L.T. Case No.2011CA010384.
Robert C. Stone of the Law Office of Robert C. Stone, P.A., Boca Raton, for petitioner. Richard Burton Bush and Audra Michelle Bryant of Bush & Augspurger, P.A., Tallahassee, for respondents.
PER CURIAM.
KMS Restaurant Corporation petitions this court for a writ of certiorari seeking review of an order disqualifying its attorney. The circuit court disqualified KMS's counsel solely because he is a material witness in the underlying case. The trial court's order departs from the essential requirements of law because it is not limited to disqualifying counsel from representing KMS at trial. Graves v. Lapi, 834 So.2d 359 (Fla. 4th DCA 2003); Cerillo v. Highley, 797 So.2d 1288 (Fla. 4th DCA 2001). The fact that counsel will be a material witness does not preclude him from participating in proceedings before and after trial.
Accordingly we grant this petition and quash the trial court's order.