Cardasis v. HP America, Inc., 97-3484

• Decision Date: 22 April 1998
• Docket Number: No. 97-3484,97-3484
• Parties: 23 Fla. L. Weekly D1026 Ted CARDASIS, Theodore Bukowski, Roseanne Bukowski, Charles Cangro, Ronald G. Petrillo, Louis A. Petrillo, Steven G. Petrillo, Lucy Petrillo, Linda Petrillo, and Mortimer Isaakson, Petitioners, v. HP AMERICA, INC., VIP Medical Centers, Inc., Consolidated Medical Centers, Inc., and VIP Acquisition Corp., Respondents.
• Court: Florida District Court of Appeals

Page 146

710 So.2d 146

23 Fla. L. Weekly D1026

Ted CARDASIS, Theodore Bukowski, Roseanne Bukowski, Charles Cangro, Ronald G. Petrillo, Louis A. Petrillo, Steven G. Petrillo, Lucy Petrillo, Linda Petrillo, and Mortimer Isaakson, Petitioners, v. HP AMERICA, INC., VIP Medical Centers, Inc., Consolidated Medical Centers, Inc., and VIP Acquisition Corp., Respondents.

No. 97-3484.

District Court of Appeal of Florida,

Third District.

April 22, 1998.

Rehearing Denied June 10, 1998.

A Writ of Certiorari to the Circuit Court for Dade County; Steve Levine, Judge.

Jos S. Paglino, North Miami Beach, for petitioners.

Adorno & Zeder and David Lawrence, III and Raoul G. Cantero, III, Coconut Grove; Andrew C. Hall and Sheri M. Gutsin, Miami, for respondents.

Before NESBITT, LEVY and SORONDO, JJ.

PER CURIAM.

We find that the trial court departed from the essential requirements of law when it denied the motion filed by the petitioners herein (who were among the defendants in the action below) wherein the petitioners sought to disqualify the attorneys for the appellees (who are the plaintiffs below) from also representing one of the defendants below, to-wit: VIP Medical Centers Inc.

In view of the fact that the conflict that appears to have been created by the foregoing has not been negated or dispelled by the materials and arguments presented to this Court, we grant the petition filed herein and quash the order under review. Accordingly, this matter is remanded with directions to the trial court to grant the petitioners' previously filed motion to disqualify counsel from representing any party in the cause below.