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Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n

District Court of Appeal of Florida, Fourth District
Feb 17, 1999
729 So. 2d 420 (Fla. Dist. Ct. App. 1999)

Summary

finding disqualification was required because the judge "offer[ed] legal advice" to the plaintiff

Summary of this case from Cabriano v. State

Opinion

No. 98-3781

Opinion filed February 17, 1999 JANUARY TERM 1999

Petition for writ of prohibition to the Circuit Court of the Seventeenth Judicial Circuit, Broward County; Robert Lance Andrews, Judge; L.T. No. 98-13747 09.

Ronald S. Lowy of Law Offices of Ronald S. Lowy, Miami, for petitioner.

Michael L. Hyman and Edo Meloni of Hyman Kaplan, P.A., Miami, for respondent.


We grant the defendant's petition for writ of prohibition to disqualify the presiding judge. The order granting the plaintiff's motion for temporary injunction included a direction to the plaintiff to amend its complaint to add a count for reformation. Plaintiff had not sought leave to amend its complaint. By offering legal advice to the plaintiff, the judge raised concern about his impartiality sufficient to require his disqualification. See Chastine v. Broome, 629 So.2d 293 (Fla. 4th DCA 1993).

DELL, GUNTHER and HAZOURI, JJ., concur.


Summaries of

Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n

District Court of Appeal of Florida, Fourth District
Feb 17, 1999
729 So. 2d 420 (Fla. Dist. Ct. App. 1999)

finding disqualification was required because the judge "offer[ed] legal advice" to the plaintiff

Summary of this case from Cabriano v. State

In Crescent Heights, thetrial court, in its written order granting a temporary injunction to the plaintiff, directed the plaintiff to amend to add a count on an additional cause of action.

Summary of this case from Cammarata v. Jones
Case details for

Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n

Case Details

Full title:CRESCENT HEIGHTS XLVI, INC., Petitioner, v. SEA-AIR TOWERS CONDOMINIUM…

Court:District Court of Appeal of Florida, Fourth District

Date published: Feb 17, 1999

Citations

729 So. 2d 420 (Fla. Dist. Ct. App. 1999)

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