final until disposition of timely filed motion for rehearing.
of Certiorari to the Circuit Court for Miami-Dade County,
Peter R. Lopez, Judge. Lower Tribunal No. 19-298
Offices of Jonathan A. Heller, P.A., and Jonathan A. Heller;
Jay M. Levy, P.A, and Jay M. Levy, for petitioners.
Offices of Charles M-P George, and Charles M-P George, for
LOGUE, LINDSEY, and LOBREE, JJ.
Francisco Aracena Blamey ("Aracena") and Above
Ground Level Aerospace Corp. ("AGL"), seek a writ
of certiorari quashing the trial court's order denying
their motion to disqualify the attorney representing the
respondents, Juan Menadier ("Menadier") and A
Professional Aviation Services Corp ("Menadier's
Corporation"). Before filing this lawsuit against AGL,
the respondents' attorney, Stephen J. Kolski, performed
legal work for AGL. The issue presented is whether the
underlying lawsuit is substantially related to Kolski's
prior legal work for AGL. For the reasons below, we hold it
is. Accordingly, we grant the petition and quash the trial
repairs and sells various aircraft parts. At all relevant
times, it was owned by Aracena. Aracena hired Menadier to
manage AGL. While working for AGL, Menadier formed his own
corporation, which we refer to as Menadier's Corporation.
Menadier claims Aracena orally agreed to give Menadier 50% of
the stock of AGL. Menadier and Aracena's discussions in
this regard came to a head at a meeting in October 2018. In
anticipation of the meeting, Menadier asked Kolski to draft a
had previously performed legal work for Menadier who brought
him on board as AGL's lawyer. Kolski did various legal
tasks for AGL. Kolski did not sign a formal retainer
agreement with AGL. His sole contact at AGL was Menadier.
When Menadier's employment with AGL ended, Kolski also
stopped doing legal work for AGL. While Kolski represented
AGL, he never represented Aracena personally.
term sheet that Kolski prepared set forth the current
ownership interest of the corporate entities and individuals
involved in the deal, but left items to be resolved at the
meeting. Kolski billed Menadier's Corporation for the
term sheet, but Menadier forwarded the bill to AGL, which
the meeting took place, however, Aracena and Menadier failed
to agree and AGL fired Menadier. Menadier and Menadier's
Corporation then filed the instant lawsuit, represented by
current, operative complaint contains nine individual counts.
We focus on three. In count I, Menadier sued Aracena for
breach of the oral agreement to give Menadier 50% of the
stock of AGL. In count II, Menadier sued AGL for unjust
enrichment claiming Menadier had transferred $54, 670 to AGL
and had paid a third party $83, 948.90 to pay a debt of AGL
as part of "Menadier's required equity
contribution." In count VIII, Menadier's Corporation
sued AGL for unjust enrichment over $252, 325.39 for airplane
parts which were sold to third parties with the proceeds
going to AGL, as Menadier and Menadier's Corporation
admit in their Response, "in anticipation of becoming a
50% owner of AGL."
and AGLA moved to disqualify Kolski from representing
Menadier and Menadier's Corporation. The trial court held
an evidentiary hearing and denied the motion to disqualify.
Aracena and AGL now seek a writ ...