Marriage of Falcone and Fyke
In a dissolution of marriage proceeding, Kathey Fyke appeals from an order denying her motion to disqualify Lynne Yates-Carter from representing Richard S. Falcone in the proceeding. In her motion, Kathey took the position that Yates Carter had a fiduciary attorney client relationship with her regarding the subject matter of the action based upon three telephone conversations between Kathey and Peggy Rogan, Yates Carters secretary, which occurred when Kathey was seeking legal representation for this proceeding and Richard was represented in this proceeding by former counsel. Since Kathey fails to demonstrate an abuse of discretion, Court affirm the order.
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