JAMES A. HAUSER AND LAWRENCE R. METSCH, PETITIONERS,
v.
THOMAS J. COATES AND EDDIE L. WHITEHEAD, RESPONDENTS

Fla. 3d DCA | 1985-11-20
No. 85-2290
Before BARKDULL, HENDRY and FERGUSON, JJ.
478 So. 2d 518 Florida District Court of Appeal, Third District (1985) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

Certiorari is granted. The trial court’s order disqualifying a law firm from representing itself in a declaratory judgment action brought to interpret a contract between the parties is quashed. See Munne v. Garcia, 414 So. 2d 1099 (Fla.3d DCA 1982); Kahn v. Milon, 332 So. 2d 149 (Fla.3d DCA 1976); § 454.18, Fla.Stat. (1983).


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    …e based on the following briefly stated legal analysis. Although the defendant seller, Joseph Friedes, secured a judgment on the pleadings in the action below, which judgment was subsequently affirmed on appeal by this court, Keyes Co. v. Friedes, 478 So. 2d 518 (Fla. 3d DCA 1985), we cannot say that “there was a complete absence of a justicia-ble issue of law or fact raised by the losing party” so as to justify an award of attorney’s fees in this case. § 57.105, Fla.Stat. (1985). The plaintiff broker, Keye…

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