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Home / Opinion Digests / Attorneys / Attorneys – Disqualification – Potential Witnesses – Breach of Contract – Anticipatory Repudiation – Real Property (access required)

Attorneys – Disqualification – Potential Witnesses – Breach of Contract – Anticipatory Repudiation – Real Property (access required)

Braun v. Trust Development Group, LLC The plaintiff-buyer alleged that the defendant-sellers breached the parties’ condo-sale contract by failing to provide architectural plans for a rooftop garden, and the sellers’ defense was that their performance was excused by the buyer’s anticipatory repudiation, based on alleged statements by plaintiff’s counsel that plaintiff could not obtain financing for the purchase. Since plaintiff’s counsel were potential witnesses, the trial court did not abuse its discretion when it disqualified them. We affirm the trial court’s order disqualifying plaintiff’s counsel.

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