Florida District Courts of Appeal, 1985

Barnett Bank of St. Lucie County v. Garrett

Barnett Bank of St. Lucie County v. Garrett
Florida District Courts of Appeal · Decided May 8, 1985 · Dell, Letts, Walden
468 So. 2d 467; 10 Fla. L. Weekly 1173; 1985 Fla. App. LEXIS 13877 (Southern Reporter, Second Series)

Barnett Bank of St. Lucie County v. Garrett

Opinion of the Court

PER CURIAM.

Appellant correctly asserts that the trial judge erred when he entered an order granting appellee’s motion for leave to file a counterclaim, simultaneously with his order of recusal. See Weiner v. Weiner, 416 So.2d 1260 (Fla. 4th DCA 1982). Accordingly, we reverse that portion of the order dated June 28, 1984 which granted appel-lee’s motion for leave to file a counterclaim.

REVERSED AND REMANDED.

LETTS, DELL and WALDEN, JJ., concur.

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