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

District Court of Appeal of Florida

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

729 So. 2d 420, 1999 Fla. App. LEXIS 1494, 1999 WL 72451

CourtDistrict Court of Appeal of Florida

DecidedFebruary 17, 1999

DocketNo. 98-3781

StatusPublished

Cited by3 cases

This text of 729 So. 2d 420 (Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Crescent Heights XLVI, Inc. v. Sea-Air Towers Condominium Ass'n, 729 So. 2d 420, 1999 Fla. App. LEXIS 1494, 1999 WL 72451 (Fla. Ct. App. 1999).

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Opinion

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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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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729 So. 2d 420, 1999 Fla. App. LEXIS 1494, 1999 WL 72451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/crescent-heights-xlvi-inc-v-sea-air-towers-condominium-assn-fladistctapp-1999.

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