Hicks v. Home Shopping Network, Inc.
Docket: No. 2D03-574
Court: District Court of Appeal of Florida; December 23, 2003; Florida; State Appellate Court
Ken C. Hicks and Payless Shoesource, Inc. petitioned for a writ of certiorari to overturn a circuit court decision that denied their motion to disqualify the law firm Fowler White Boggs Banker, P.A. from representing Home Shopping Network, Inc. The petitioners argued that Fowler White has a conflict of interest due to its prior representation of Payless in other matters. The court identified disputed factual issues and granted the petition, quashing the previous order and remanding the case for an evidentiary hearing. The court referenced relevant precedents indicating that an evidentiary hearing is necessary when affidavits from the parties conflict on critical issues related to the disqualification of counsel. Justices Davis and Covington concurred with the decision.