RICHARD A. NEUBAUER; WINNIE I. NEUBAUER; RICHARD A. NEUBAUER, M.D., P.A.; NEUBAUER AND KAGAN, M.D., P.A.; AND OCEAN LEASING COMPANY, PETITIONERS,
v.
HORT SOPER; NATIONAL HBO CORPORATION, A FLORIDA CORPORATION; HEALTH-BY-OXYGEN, INC., A FLORIDA CORPORATION; JAMES J. BELCHER; JAMES J. BELCHER, P.A.; AND THE HONORABLE GEORGE RICHARDSON, BROWARD COUNTY CIRCUIT JUDGE, RESPONDENTS
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PER CURIAM.
This is a petition for writ of common law certiorari addressed to the trial court orders which denied defendants’ motions which sought to disqualify trial counsel from serving as counsel of record in this cause for respondents. Our review reveals that said lawyer and law firm have substantial conflicts of interest which necessitate their recusal from this case. Chesler v. Hendler, 428 So. 2d 730 (Fla. 4th DCA 1983); The Florida Bar v. Moore, 194 So. 2d 264 (Fla.1966); Florida Code of Professional Responsibility, EC5-14 and DR5-105 (1984).
We accept jurisdiction and grant certiorari. The orders in question are quashed and the cause remanded with instructions to enter an order granting defendants’ motion to disqualify attorneys.
GRANTED.
DELL and WALDEN, JJ., concur. ANSTEAD, C.J., dissents without opinion.
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Howard E. Gross, M.D. v. Dep't OF Health, 819 So. 2d 997 (Fla. 5th DCA 2002)…ct are based on competent substantial evidence.”) (citing section 120.57(l)(b)(9), Florida Statutes (1985); Morris v. Department of Prof'l Regulation, 474 So. 2d 841 (Fla. 5th DCA 1985); Clark v. Department of Prof'l Regulation, Bd. of Med. Exam’rs, 463 So. 2d 328 (Fla. 5th DCA), rev. denied, 475 So. 2d 693 (1985)); Ferris v. Austin, 487 So. 2d 1163, 1167 (Fla. 5th DCA 1986) ("The agency may not reject the hearing officer’s findings unless there is no competent, substantial evidence from which the finding cou…
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Nazareth v. Herndon Ambulance Serv., Inc., 467 So. 2d 1076 (Fla. 5th DCA 1985)…ett’s tort, and remands for trial on the issue of the factual liability vel non of Barrett — hence Herndon. Our consideration of such a non-issue is contrary to established case law. See Clark v. Department of Prof. Reg., Board of Medical Examiners, 463 So. 2d 328 (Fla. 5th DCA 1985); In the Interest of K.A.F., 442 So. 2d 365 (Fla. 5th DCA 1983); Hegeman-Harris Co., Inc. v. All State Pipe Supply Co., Inc., 400 So. 2d 1245 (Fla. 5th DCA), review denied, 411 So. 2d 380 (Fla.1981). See also McCarter v. State, 46…
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Kinney v. Dep't of State, 501 So. 2d 129 (Fla. 5th DCA 1987)…indings of fact where those findings of fact are based on competent substantial evidence. § 120.57(1)(b)(9), Fla.Stat. (1985); Morris v. Dept. of Professional Regulation, 474 So. 2d 841 (Fla. 5th DCA 1985); Clark v. Dept. of Professional Regulation, 463 So. 2d 328 (Fla. 5th DCA), rev. denied, 475 So. 2d 693 (1985). Erroneously labeling what is essentially a factual determination a “conclusion of law,” whether by the hearing officer or the agency does not make it so, and the obligation of the agency to honor t…
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- THE Florida BAR v. Reid F. Moore, 194 So. 2d 264 (Fla. 1966)
- Chesler v. Hyman B. Hendler, 428 So. 2d 730 (Fla. 4th DCA 1983)