55 So. 3d 690
Fla. Dist. Ct. App.2011Background
- In April 2008, Continental Casualty paid $77,000 to its insureds for damages to a sunken vessel.
- In July 2010, Continental filed a lawsuit against the insureds regarding the $77,000 payment and related claims.
- Respondents moved to disqualify Houck Anderson, P.A. as Petitioner's counsel on conflict grounds because the firm previously represented another insurer in a related matter concerning the same vessel.
- The trial court disqualified Houck Anderson based on an appearance of impropriety, citing Kenn Air Corp. v. Gainesville-Alachua County Regional Airport Authority and noting disfavored standing to disqualify opposing counsel.
- The Third District granted certiorari, quashed the disqualification order, and remanded, finding Kenn Air inapplicable and no standing shown to seek disqualification.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to seek disqualification | Respondents lack standing to seek disqualification. | Kenn Air allows standing when appearance of impropriety threatens justice. | Respondents have no standing; Kenn Air inapplicable. |
| Applicability of Kenn Air | Kenn Air supports disqualification when appearance of impropriety exists due to prior representation. | Kenn Air governs similar standing/appearance concerns here. | Kenn Air is inapplicable to the present facts. |
| Appearance of impropriety | Houck Anderson's involvement with multiple matters creates appearance of impropriety. | No confidential information was disclosed and no conflict via Rule 4-1.9/4-1.6 violations occurred. | No appearance of impropriety sufficient to disqualify counsel. |
Key Cases Cited
- Kenn Air Corp. v. Gainesville-Alachua County Regional Airport Authority, 593 So. 2d 1219 (Fla. 1st DCA 1992) (standing to disqualify and appearance-of-impropriety analysis in related matters)
- State Farm Mutual Automobile Insurance Co. v. K.A.W., 575 So.2d 630 (Fla.1991) (standing to stand in the shoes of insured for disqualification purposes)
- Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046 (Fla.5th DCA 2004) (refusing to extend standing to disqualify opposing counsel where no prior representation)
- Singer Island Ltd., Inc. v. Budget Constr. Co., 714 So.2d 651 (Fla.4th DCA 1998) (disqualification is extraordinary remedy to be used sparingly)