Opinion
Case No. 96-420
Opinion filed March 5, 1997. Rehearing Denied April 23, 1997
An Appeal from the Circuit Court for Dade County, Robert H. Newman, Judge.
LOWER TRIBUNAL NOS. 96-187 95-1368
Julian H. Kreeger, for appellant.
Golden Cowan; Jay M. Levy, for appellee.
Before SCHWARTZ, C.J., and NESBITT and COPE, JJ.
There is no doubt that the trial judge's participation in an ex-parte hearing at which opposing counsel made highly adverse statements concerning the absent and unrepresented appellant was so irremediably improper that he was mandatorily required to recuse himself. See Rollins v. Baker, 683 So.2d 1138 (Fla. 5th DCA 1996); Wilson v. Armstrong, ___ So.2d ___ (Fla. 1st DCA Case no. 95-4088, opinion filed, December 2, 1996)[21 FLW D2563]; Hanson v. Hanson, 678 So.2d 522 (Fla. 5th DCA 1996); Hatin v. Mitjans, 578 So.2d 289 (Fla. 3d DCA 1991), review denied, 591 So.2d 181 (Fla. 1991). Accordingly, we reverse the order under review denying the appellant's motion for disqualification. Because the irregularity permeated the entire proceeding, we also vacate the order appointing a limited guardian and remand for appropriate proceedings before another judge.
We need not consider the appellant's other claims of error in this ruling.
Reversed, vacated and remanded.