Florida District Courts of Appeal, 1999

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

Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n
Florida District Courts of Appeal · Decided February 17, 1999 · Dell, Gunther, Hazouri
729 So. 2d 420; 1999 Fla. App. LEXIS 1494; 1999 WL 72451 (Southern Reporter, Second Series)

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

Opinion of the Court

PER CURIAM.

We grant the defendant’s petition for writ of prohibition to disqualify the presiding judge. The order granting the plaintiffs 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.

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