Legal Opinion

Castellano v. Winthrop

District Court of Appeal of Florida

Decided January 29, 2010No. 5D09-2798PublishedCited by 5 opinions

1Opinion of the CourtEvander, J.

Desiree Castellano (“the Mother”) has filed an amended petition for writ of cer-tiorari seeking review of an order of the trial court disqualifying her counsel (“Firm”). 1 The disqualification was based on the Firm’s receipt, review, and use of respondent, Marc Winthrop’s (“the Father”) USB flash drive 2 that contained electronic files including, inter alia, attorney/client communications, client litigation notes, and attorney work product. The Mother contends that the disqualification order represents a departure from the essential requirements of the law because a less drastic civil remedy…

2Cases cited5 opinions

  1. GEN. ACC. v. Borg-Warner Acceptance Corp.District Court of Appeal of Florida · 1986
  2. ABAMAR HOUSING & DEVELOPMENT INC. v. Lisa Daly Lady Decor, Inc.District Court of Appeal of Florida · 1998
  3. American Soup & Salad v. Col. PromenadeDistrict Court of Appeal of Florida · 1995
  4. Atlas Air, Inc. v. GREENBERG TRAURIG, PADistrict Court of Appeal of Florida · 2008
  5. Double T Corp. v. Jalis Development, Inc.District Court of Appeal of Florida · 1996

3Cited by5 opinions

  1. Merits Incentives, LLC v. Eighth Judicial District Court Ex Rel. County of ClarkNevada Supreme Court · 2011
  2. Alan B. Garfinkel, P.A. v. MagerDistrict Court of Appeal of Florida · 2010
  3. Frye v. IRONSTONE BANKDistrict Court of Appeal of Florida · 2011
  4. Montgomery v. StateDistrict Court of Appeal of Florida · 2010
  5. Partners Biomedical Solutions, LLC v. SaltsmanDistrict Court, S.D. Florida · 2021

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