ALEJANDRO VIGOREAUX, PETITIONER,
v.
DONALD MANNING, DIRECTOR, DADE COUNTY DEPARTMENT OF CORRECTIONS, RESPONDENT
ALEJANDRO VIGOREAUX, PETITIONER,
DONALD MANNING, DIRECTOR, DADE COUNTY DEPARTMENT OF CORRECTIONS, RESPONDENT
714 So. 2d 610
Florida District Court of Appeal, Third District (1998)
Positive Treatment
Cited by 13 cases
Opinion of the Court
PER CURIAM.
Petitioner was arrested at 7:15 p.m. on July 12, 1998, for unlawfully driving in violation of the habitual traffic offender provision of section 322.34, Florida Statutes (1997). His plea here is that no probable cause determination was made in this case within the twenty-four (24) hours after the defendant was entitled to release, as provided under Florida Rule of Criminal Procedure 3.133(a)(4). The record supports the state’s concession of the validity of the above claim. Consequently, we award the petitioner a writ of habeas corpus and direct he be released upon his own recognizance, forthwith.
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Frederick W.J. Eggers v. Eggers, 776 So. 2d 1096 (Fla. 5th DCA 2001)….1994).3 Disqualification of a party’s chosen counsel is an extraordinary remedy and should be resorted to sparingly. Abamar Housing and Development, Inc. v. Lisa Daly Lady Decor, Inc., 724 [*1099] So. 2d 572 (Fla. 3d DCA 1998); Lee v. Gadasa Corp., 714 So. 2d 610 (Fla. 1st DCA 1998). Frederick’s position is that he established the existence of an attorney-client relationship and that under applicable case law an irrefutable presumption arose that confidences were disclosed.4 See Russakoff v. Dep’t of Ins.,…
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Carnival Corp. v. Beverly, 744 So. 2d 489 (Fla. 1st DCA 1999)…ard, 645 So. 2d 1035, 1036 (Fla. 4th DCA 1994) (Farmer, J., concurring). Accordingly, disqualification of a party’s chosen counsel is a harsh and drastic sanction and an extraordinary remedy that should be resorted to sparingly. Lee v. Gadasa Corp., 714 So. 2d 610, 612 (Fla. 1st DCA 1998); City of Apopka v. All Corners, Inc., 701 So. 2d 641, 644 (Fla. 5th DCA 1997); Pascucci v. Pascucci, 679 So .2d 1311 (Fla. 4th DCA 1996). It is because disqualification is such an extraordinary sanction that a trial court mu…
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Yang Enters., Inc. v. Mavis Georgalis, 988 So. 2d 1180 (Fla. 1st DCA 2008)…raordinary remedy and must be sought with “ ‘reasonable promptness ... to prevent ... using the motion as a tool to deprive [the movant’s] opponent of counsel of his choice after completing substantial preparation of the case.’” Lee v. Gadasa Corp., 714 So. 2d 610, 612 (Fla. 1st DCA 1998) (quoting Transmark, U.S.A. v. State, Dep’t of Ins., 631 So. 2d 1112 (Fla. 1st DCA 1994)). Such motions are “generally viewed with skepticism because ... [they] are often interposed for tactical purposes.” Alexander v. Tandem…
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