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SOLOMON v. DICKISON

No. 1D04-5700.

916 So.2d 943 (2005)

Samantha Brooke SOLOMON, a minor, individually; and John Solomon and Penny Solomon, individually and as natural parents and guardians on behalf of their minor child, Samantha Brooke Solomon, Petitioners, v. Anne E. DICKISON, M.D., Candace Giddings Koney-Laryea, M.D., Jeffrey W. Skimming, M.D., Arun Chandran, M.D., David W. Kays, M.D., Shands Teaching Hospital and Clinics, Inc., a/k/a Shands Children's Hospital at the University of Florida, Respondents.

District Court of Appeal of Florida, First District.

November 30, 2005.

Attorney(s) appearing for the Case

E. Clay Parker and Mark P. Cressman, of the Law Offices of E. Clay Parker, P.A., Orlando, for Petitioners.

Stephen H. Grimes and Susan L. Kelsey, of Holland & Knight, LLP, Tallahassee; and Rafael E. Martinez, of McEwan, Martinez & Dukes, P.A., Orlando, for Respondents.

BROWNING, J.

Petitioners seek review by certiorari of the trial court's interlocutory order disqualifying their attorneys from representing them in this action. Because the trial court applied the standard under Rule 4-1.9, Rules Regulating the Florida Bar, rather than the correct standard under Rule 4-1.10(b), we grant the petition, quash the trial court's order, and remand for a determination of Respondents' motion to disqualify under Rule 4-1.10(b). Because this...

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