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ATLAS AIR, INC. v. GREENBERG TRAURIG, P.A.

No. 3D08-1123.

997 So.2d 1117 (2008)

ATLAS AIR, INC., Petitioner, v. GREENBERG TRAURIG, P.A., James P.S. Leshaw, Kenneth C. Hoffman and Jeffrey Tenen, Respondents. Greenberg Traurig, P.A., James P.S. Leshaw, Kenneth C. Hoffman and Jeffrey Tenen, Cross-Petitioners, v. Atlas Air, Inc., Cross-Respondent.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied January 8, 2009.

Attorney(s) appearing for the Case

Garbett, Stiphany, Allen & Roza, and Philip A. Allen, III, Miami, for petitioner/cross-respondent.

Kenny Nachwalter, and Michael Nachwalter and Richard H. Critchlow, Miami, for respondents/cross-petitioners.

Before GERSTEN, C.J., and ROTHENBERG, J., and SCHWARTZ, Senior Judge.

PER CURIAM.

This case involves an attempt to disqualify Kenny Nachwalter, P.A., the respondents' attorneys, because of its conduct in dealing with documents which, although protected by their opponent, Atlas Air, Inc.'s, attorney client privilege, had been inadvertently delivered to one of Kenny Nachwalter's partners. While the trial court disqualified the particular partner who first received the documents,1 it did not do so with respect...

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