Okaloosa Properties Management, LLC v. Hoffman, Larin & Agnetti, P.A.
Okaloosa LLC sued opposing counsel Agnetti for aiding and abetting breach of fiduciary duty, tortious interference, and conspiracy based on phone calls Agnetti made to Okaloosa's eminent domain lawyer persuading him to treat a third party as Okaloosa's owner. The trial court dismissed with prejudice on absolute litigation privilege grounds. The Third DCA reversed, holding that under DelMonico the alleged out-of-court phone calls did not occur 'in the course of a judicial proceeding' — i.e., before a judicial officer or in filed pleadings/documents — so the absolute privilege could not be applied at the pleading stage.
Key facts
- Okaloosa LLC sued its former counsel Agnetti for aiding and abetting breach of fiduciary duty, tortious interference, and conspiracy based on ex parte telephone calls Agnetti made to Okaloosa's eminent domain lawyer.
- During the phone calls, Agnetti allegedly persuaded Okaloosa's lawyer to treat a third party as Okaloosa's owner, contrary to Okaloosa's interests.
- +2 more key facts with a free trial
Why it matters
This is a useful decision for litigators defending against — or asserting — litigation privilege defenses at the pleading stage. It confirms that the absolute privilege is confined to in-court conduct and court filings… — full analysis with a trial
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