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KMS RESTAURANT CORP. v. SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY P.A.

No. 4D12-3905.

107 So.3d 552 (2013)

KMS RESTAURANT CORP, a Florida Corporation, Petitioner, v. SEARCY, DENNEY, SCAROLA, BARNHART & SHIPLEY P.A., and John (Jack) Scarola, Esq., Respondents.

District Court of Appeal of Florida, Fourth District.

February 27, 2013.

Attorney(s) appearing for the Case

Robert C. Stone of the Law Office of Robert C. Stone, P.A., Boca Raton, for petitioner.

Richard Burton Bush and Audra Michelle Bryant of Bush & Augspurger, P.A., Tallahassee, for respondents.

PER CURIAM.

KMS Restaurant Corporation petitions this court for a writ of certiorari seeking review of an order disqualifying its attorney. The circuit court disqualified KMS's counsel solely because he is a material witness in the underlying case. The trial court's order departs from the essential requirements of law because it is not limited to disqualifying counsel from representing KMS at trial. Graves v. Lapi, 834 So.2d 359...

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