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Browder v. Ross Marine12/8/2005
Heard November 6, 2005
AFFIRMED
Ross Marine, LLC, Swygert Shipyards, Inc., Sandblasters, Inc., Arthur Swygert, Jr., Arthur Swygert, Sr., and Cathy Spieghts (hereinafter collectively referred to as "Ross Marine") appeal the trial court's denial of their motion for a temporary injunction, arguing the trial court erred by not enjoining the law firm of Query, Sautter & Gliserman from representing David Browder in the present case. We affirm.
FACTS
In March 1993, Ross Marine hired David Browder as managing sales representative in charge of promoting the boat yard, maintaining contact with its customers, assuring customer satisfaction, and generally promoting goodwill between Ross Marine and its clients. Browder signed an employment agreement containing a three year term.
During the initial stages of his employment, Browder recommended that Ross Marine retain the services of attorney Grady Query to handle the company's periodic legal matters. Browder was familiar with the quality of Query's work because Query had represented Browder and his family for over twenty years. Over the course of the next few years, Query and his present partner, Saul Gliserman, currently with the firm of Query, Sautter and Gliserman, LLC, represented Ross Marine in no less than seven different matters. According to Arthur Swygert, Jr., president of Ross Marine, Browder was the primary contact between Ross Marine and its attorneys. Invoices for legal services were sent in care of Browder and he met with the attorneys on numerous occasions on behalf of Ross Marine. In furtherance of his employment, Browder "was given full authority to discuss any matters and provide any and all information . . . needed in connection with their representation."
On September 12, 2000, Browder was terminated from his employment with Ross Marine. In 2001, Browder commenced a Workers' Compensation proceeding against his former employer. The law firm of Query, Sautter and Gliserman, LLC, ("the Law Firm") represented Browder in this matter. Ross Marine did not lodge a conflict claim regarding this representation over the course of the Workers' Compensation proceedings.
On August 26, 2003, Browder filed a complaint against Ross Marine alleging, inter alia, breach of the parties' written employment agreement. Ross Marine answered and simultaneously moved to dismiss the action as well as compel arbitration pursuant to the contract's terms. In addition, over three years after the filing of Browder's workers' compensation claim, Ross Marine notified Browder by letter that they were concerned about a potential conflict of interest regarding the Law Firm's present representation of Browder and prior representations of Ross Marine. Browder promptly filed a motion for a hearing on the conflict issue. Both parties' motions were heard in January 2004. The trial court ordered arbitration of the dispute but declined to rule on the conflict issue, stating that the parties should resolve the dispute among themselves. Both parties' subsequent motions to reconsider were denied. Ross Marine appealed the trial court's refusal to address the Law Firm's potential conflict. By order dated June 16, 2004, this court dismissed the appeal as interlocutory.
In August 2004, Ross Marine filed a motion for a temporary injunction requesting that the case be enjoined from proceeding to arbitration until the issue regarding the Law Firm's representation of Browder was resolved. Following a hearing on the motion, the trial court found Ross Marine failed to establish a conflict of interest regarding the Law Firm's prior representation of Ross Marine and offered no proof of irreparable h
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