8 Fla. L. Weekly Supp. 862b
Attorneys — Disqualification — Conflict of interest — Insurance — Neither attorney who previously represented insurer, nor his current associate and law firm, are disqualified from representing plaintiff in personal injury protection claim against insurer — Instant case is factually distinctive from other PIP cases — Discovery will eliminate any advantage that attorney may have due to prior representation of insurer — Sufficient time has passed since attorney was associated with firm that represented insurer that attorney has no prejudicial advantage in current case
DADE COUNTY MRI, PA, as assignee of JOSEPH MARCDANIE, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. DADE COUNTY MRI, PA, as assignee of PIERRE CLARK, Plaintiff, vs. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant. County Court, 11th Judicial Circuit in and for Dade County. Case No. 01-02873-CC-05. September 4, 2001. Shelley J. Kravitz, Judge. Counsel: Hans Kennon, for Plaintiff. Edward N. Winitz, for Defendant.
ORDER DENYING DEFENDANT’S MOTION TODISQUALIFY ALEXANDER BILLIAS AND THE LAW FIRMOF MORGAN, COLLING AND GILBERT, P.A.
THIS CAUSE having come before the Court on August 24, 2001 on Plaintiff’s Motion to Disqualify Alexander Billias and the Law Firm of Morgan, Colling and Gilbert, P.A., (certificate date August 6, 2001), both parties appearing through counsel, having presented argument, and this Court having reviewed the applicable case law, the Court does ORDER, ADJUDGE and FIND as follows:
1. Plaintiff’s Motion to Disqualify Alexander Billias and the Law Firm of Morgan, Colling and Gilbert, P.A., is hereby DENIED.
2. The instant case is factually distinctive from other personal injury protection cases brought under Florida Statutes section 627.736.
3. Discovery that will take place during the course of this litigation will eliminate any of the advantage State Farm contends Hans Kennon, Alexander Billias, or the Law Firm of Morgan, Colling and Gilbert, P.A. may have in this litigation due to Hans Kennon’s prior representation of State Farm in other personal injury protection cases.
4. A sufficient period of time has passed since Hans Kennon was associated with a law firm that was retained by State Farm so that neither Hans Kennon, Alexander Billias, or the Law Firm of Morgan, Colling and Gilbert, P.A. has a prejudicial advantage over State Farm in the instant case.
5. By agreement of the parties, the instant case does not involve MRI brokering.
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