BROOKS v. FOSTER

No. 4D04-2872.

889 So.2d 902 (2004)

Dennis L. BROOKS, Petitioner, v. William Owen FOSTER, Bessemer Trust, as trustee of the William O. Foster marital trust, and Sun Trust Bank, Inc., as trustee of the William O. Foster marital trust, Respondents.

District Court of Appeal of Florida, Fourth District.

December 8, 2004.


Attorney(s) appearing for the Case

Scott Bruce Chapman, Boca Raton, for petitioner.

Manuel Kushner of Kaye Scholer LLP, West Palm Beach, for respondent William O. Foster.


PER CURIAM.

In this case we address whether the Respondent's allegation that Petitioner's chosen counsel will be a fact witness based on counsel's sworn statement opposing the Respondent's claim of exemption as to certain bank accounts in a garnishment proceeding satisfies the burden Respondent bears to demonstrate that the counsel's testimony is necessary and therefore requires disqualification. We determine that the sworn statement, without more, is insufficient...

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