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GONZALEZ EX REL. COLONIAL BANK v. CHILLURA

No. 2D03-5885.

892 So.2d 1075 (2004)

Anthony F. GONZALEZ, for and on behalf of COLONIAL BANK, Petitioner, v. Joseph V. CHILLURA, Jr., Alfred T. Rogers, and MCapital, II, LLC, a Florida limited liability company, and Colonial Bank, an Alabama corporation, Respondents.

District Court of Appeal of Florida, Second District.

November 3, 2004.

Attorney(s) appearing for the Case

Stanford R. Solomon and Hallie S. Evans of The Solomon Tropp Law Group, P.A., Tampa, for Petitioner.

William F. Jung of Jung & Sisco, Tampa, for Respondents Joseph V. Chillura, Jr., Alfred T. Rogers, and MCapital II, LLC.

Peter W. Zinober, Karen Meyer Buesing, and Jay P. Lechner of Zinober & McCrea, P.A., Tampa, and Ben H. Harris, III, of Miller, Hamilton, Snider & Odom, LLC, Mobile, AL, for Respondent Colonial Bank.

KELLY, Judge.

Anthony F. Gonzalez seeks certiorari review of the trial court's order granting Colonial Bank's amended motion to disqualify his counsel, Stanford R. Solomon, and his firm, The Solomon Tropp Law Group, P.A. (Solomon Tropp), from representing him in a shareholder derivative action. We grant the petition and quash the order.

Initially, we note that certiorari is the proper remedy to seek review of an order granting or denying a motion to disqualify...

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