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.
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