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FRYE v. IRONSTONE BANK

No. 2D11-905.

69 So.3d 1046 (2011)

Earl L. FRYE, Petitioner, v. IRONSTONE BANK, f/k/a Atlantic States Bank, Respondent.

District Court of Appeal of Florida, Second District.

September 21, 2011.

Attorney(s) appearing for the Case

Robert A. Stok and Joshua R. Kon of Stok Folk & Kon, P.A., Aventura, for Petitioner.

Douglas B. Szabo and Suzanne M. Boy of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Respondent.

WALLACE, Judge.

Earl L. Frye seeks review by certiorari of an order denying his motion to disqualify counsel for Ironstone Bank (the Bank) in an action filed by the Bank against Mr. Frye for an alleged breach of a loan guaranty. The question presented is whether the Bank's counsel should be disqualified from representing the Bank in the action on the guaranty where the Bank's counsel also represents Mr. Frye's former lawyer in a legal malpractice action. Mr. Frye...

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