Weiss v. Berkett

Full title: PATRICIA POLLAK WEISS, Petitioner, v. PHYLLIS POLLAK BERKETT, As the…

Court: District Court of Appeal of Florida, Third District

Date published: Oct 9, 2002

827 So. 2d 383 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-1806

Opinion filed October 9, 2002.

A Writ of Prohibition to the Circuit Court for Miami-Dade County, Maria M. Korvick, Judge. Lower Tribunal Nos. 92-4112, 91-5143.

Patricia Pollak Weiss, in proper person.

Hirschhorn Bieber and Joel Hirschhorn, Coral Gables; Jacobs Chase Frick Kelley and Jonathan C. Oster; and Susan E. Durre', South Miami, for respondent.

Linda Kelly Kearson, General Counsel, 11th Judicial Circuit of Florida, for Maria M. Korvick, Judge.

Before GERSTEN, FLETCHER and SHEVIN, JJ.

PER CURIAM.

We grant the petition for writ of prohibition. Here, as we found inPollack v. Berkett, 816 So.2d 1142 (Fla.3d DCA 2002), the disqualification motion should have been granted. We are confident that issuance of the writ will be unnecessary.

Prohibition granted.