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STATE EX REL. ALLEN v. TESTA

No. 82-837.

414 So.2d 38 (1982)

STATE of Florida ex rel. Margaret H. ALLEN On Her Own Behalf and for the Use and Benefit of Shorty's Bar-B-Q, Inc., Petitioner, v. The Honorable Thomas A. TESTA, Circuit Judge of the Eleventh Judicial Circuit of Florida in and for Dade County, Florida, E.L. Allen, Sr. and Other Defendants in Case No. 80-10444, Respondents.

District Court of Appeal of Florida, Third District.

May 25, 1982.

Attorney(s) appearing for the Case

David F. Cerf, Jr., Stephen Cahen, Miami, for petitioner.

Horton, Perse & Ginsberg and Mallory H. Horton, Miami, for respondents.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

The rule disqualifying a trial judge who attempts to refute charges of partiality and thus creates an intolerable atmosphere between himself and the litigant, see Bundy v. Rudd, 366 So.2d 440 (Fla. 1978); Management Corporation of America, Inc. v. Grossman, 396 So.2d 1169 (Fla. 3d DCA 1981), is no less applicable when, as here, the trial judge's refutation (which not...

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