Okaloosa Properties Management, LLC v. Hoffman, Larin & Agnetti, P.A., et al.
The Third District reversed the dismissal of aiding-and-abetting, tortious interference, and conspiracy claims against an attorney, holding the absolute litigation privilege did not appear on the face of the complaint. Applying DelMonico v. Traynor, the court held that out-of-court telephone calls between counsel who were not opposing counsel in the same case do not occur "in the course of a judicial proceeding," because a trial court has no power to strike or hold in contempt communications never made before it or filed with it. The court also rejected the argument that DelMonico is confined to defamation claims.
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