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VICKERS CHIROPRACTIC & REHABILITATION CENTERS, As assignee of DEBBIE BENJAMIN, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant.

11 Fla. L. Weekly Supp. 1009b

Insurance — Counsel — Disqualification — Conflict of interest — Representation of both assignor and assignee

VICKERS CHIROPRACTIC & REHABILITATION CENTERS, As assignee of DEBBIE BENJAMIN, Plaintiff, v. PROGRESSIVE EXPRESS INSURANCE COMPANY, Defendant. County Court, 10th Judicial Circuit in and for Highlands County. Case No. 03-330-SPS. March 29, 2004. Peter F. Estrada, Judge. Counsel: Juan C. Gautier, for Plaintiff. Randall A. Wainoris, Haas, Dutton, Blackburn, Lewis & Longley, Tampa, for Defendant.

ORDER ON DEFENDANT’S MOTION TO DISQUALIFY LAW OFFICES OF JUAN C. GAUTIER

THIS CAUSE having come on before this Honorable Court upon Defendant’s Motion to Disqualify Law Offices of Juan Gautier on January 23, 2004, and the court heard argument of counsel, and being otherwise advised in the premises, it is hereby,

ORDERED AND ADJUDGED that there is now, or may be in the future, a conflict in that counsel for the Plaintiff represents both the Plaintiff and the insured/assignee, of the Plaintiff, Debbie Benjamin in this matter, and it is further;

ORDERED AND ADJUDGED that counsel for the Plaintiff shall be disqualified from representation of Debbie Benjamin, the assignee in this matter, in any third party claim, and it is further;

ORDERED AND ADJUDGED that counsel for Plaintiff may continue to represent the Plaintiff, Vickers Chiropractic & Rehabilitation Centers in this matter.

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