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NILES v. MALLARDI

No. 4D02-1008.

828 So.2d 1076 (2002)

Justin NILES, Petitioner, v. Michael J. MALLARDI, Jr., and Margaret Gibbons, Respondents.

District Court of Appeal of Florida, Fourth District.

October 23, 2002.

Attorney(s) appearing for the Case

Andrew Seiden and J. Andrew Fine of Seiden, Alder, Petosa & Matthewman, P.A., Boca Raton, for petitioner.

Robert A. Selig of the Law Offices of Robert A. Selig, LLC, Boca Raton, for respondents.

ON MOTION FOR CLARIFICATION

KLEIN, J.

We withdraw our previous opinion of September 4, 2002 and substitute the following.

Petitioner, a lawyer who handled the probate of the estate of Michael Mallardi, Sr., seeks certiorari review of an order determining that the attorney-client privilege does not apply to his testimony because of the fraud exception. We deny the petition.

Petitioner prepared a will for Michael, providing that on his...

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