Nucci v. Simmons

DAVIS, Judge.

Robert C. Nucci, M.D., P.A., and Robert C. Nucci, M.D. (collectively “Dr. Nucci”), defendants below, petition for certiorari review of the trial court’s order denying their motion to disqualify Evelyn Simmons’ counsel and the motion to compel her counsel’s deposition. We deny the petition as it relates to the denial of the motion to disqualify. However, because the trial court was required to separately consider, whether to allow Dr. Nucci to depose counsel, we grant the petition as to that issue.

Ms. Simmons was injured in a traffic accident, which led to litigation unrelated to…