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MICHAEL J. DELESPARRA, D.C., P.A. (a/a/o Junide Francois) v. UNITED AUTOMOBILE INS. CO.

14 Fla. L. Weekly Supp. 779a

Insurance — Personal injury protection — Attorneys — Disqualification — Timeliness of motion

MICHAEL J. DELESPARRA, D.C., P.A. (a/a/o Junide Francois) v. UNITED AUTOMOBILE INS. CO. County Court, 17th Judicial Circuit in and for Broward County. Case No. 07-3070 COCE 53. June 11, 2007. Robert W. Lee, Judge.ORDER

THIS CAUSE having come on to be heard on Defendant’s Motion to Disqualify Douglas A. Harrison, Esq. and the Court having heard argument of counsel, and being otherwise advised in the Premises, it is hereupon,

ORDERED AND ADJUDGED that said Motion be, and the same is hereby DENIED on the merits and procedurally. The Court finds that the Defendant’s delay in seeking to disqualify Plaintiff counsel until after a significant amount of work has been done on the case amounts to a waiver. See Enstar Petroleum Co. v. Mancias, 773 S.W.2d 662, 664 (Tex. App. 1989) (4-month delay unreasonable); Batchelor v. Batchelor, 570 N.W.2d 568, 571 (Wis. App. 1997) (3-month delay unreasonable).

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