Ahlers v. C & S Equipment, Inc.

District Court of Appeal of Florida

Ahlers v. C & S Equipment, Inc.

405 So. 2d 464, 1981 Fla. App. LEXIS 21413

CourtDistrict Court of Appeal of Florida

DecidedOctober 20, 1981

DocketNo. 80-2482

StatusPublished

Cited by2 cases

This text of 405 So. 2d 464 (Ahlers v. C & S Equipment, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ahlers v. C & S Equipment, Inc., 405 So. 2d 464, 1981 Fla. App. LEXIS 21413 (Fla. Ct. App. 1981).

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Opinion

PER CURIAM.

Appellant brought suit on a contract which provided for payment of a reasonable attorney’s fee in the event of a breach by appellees. On motion of appellees, moments before trial, the court disqualified appellant’s counsel from appearing in the trial of the cause because he would be required to appear as a witness on the matter of the attorney’s fee.

There is no conflict of interest necessitating removal where counsel conducts the trial of the case then takes the witness stand to testify solely as to the nature and value of his services. Florida Bar Code of Professional Responsibility, D. R. 5-101(B)(3).

Reversed and remanded for new trial.

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PER CURIAM.

Appellant brought suit on a contract which provided for payment of a reasonable attorney’s fee in the event of a breach by appellees. On motion of appellees, moments before trial, the court disqualified appellant’s counsel from appearing in the trial of the cause because he would be required to appear as a witness on the matter of the attorney’s fee.

There is no conflict of interest necessitating removal where counsel conducts the trial of the case then takes the witness stand to testify solely as to the nature and value of his services. Florida Bar Code of Professional Responsibility, D. R. 5-101(B)(3).

Reversed and remanded for new trial.

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405 So. 2d 464, 1981 Fla. App. LEXIS 21413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ahlers-v-c-s-equipment-inc-fladistctapp-1981.

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