Florida Court Refuses to Disqualify Counsel for Firm's Probate Work

TAMPA, Fla. - A Florida appeals court has denied a petition by homeowner plaintiffs in a personal injury mold case who sought to disqualify defense counsel for his firm's representation of another adverse party in a probate action. Kaplan, et ux. v. Divosta Homes L.P., et al., No. 2D09-2292 (Fla. Ct. App., 2nd Dist.).

The Second District Court of Appeal said in its Nov. 4 opinion that Alexander L. and Denise A. Kaplan failed to meet the threshold requirement by showing a conflict of interest.

The Kaplans are plaintiffs in an action against Divosta Homes L.P. and Village Walk of …