Summary
finding disqualification was required because the judge "offer[ed] legal advice" to the plaintiff
Summary of this case from Cabriano v. StateOpinion
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.