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NUCCI v. SIMMONS

No. 2D09-658.

20 So.3d 388 (2009)

Robert C. NUCCI, M.D., and Robert C. Nucci, M.D., P.A., Petitioners, v. Evelyn SIMMONS, Respondent.

District Court of Appeal of Florida, Second District.

September 11, 2009.

Attorney(s) appearing for the Case

Evan G. Frayman and Andrew C. Hill of Harper, Kynes & Geller, P.A., Clearwater, for Petitioners.

Valeria Hendricks of Davis & Harmon, P.A., Tampa, for Respondent.

DAVIS, Judge.

Robert C. Nucci, M.D., P.A., and Robert C. Nucci, M.D. (collectively "Dr. Nucci"), defendants below, petition for certiorari review of the trial court's order denying their motion to disqualify Evelyn Simmons' counsel and the motion to compel her counsel's deposition. We deny the petition as it relates to the denial of the motion to disqualify. However, because the trial court was required to separately consider whether to allow Dr. Nucci to depose counsel...

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