LAYNE v. GROSSMAN

Nos. 83-283, 83-430.

430 So.2d 525 (1983)

B.J. LAYNE and Richard Bernstein, Petitioners, v. The Honorable Rhea Pincus GROSSMAN, Judge of the 11TH Judicial Circuit, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

April 26, 1983.


Attorney(s) appearing for the Case

Robert L. Koeppel, Miami, and Wayne Kaplan, Miami, for petitioners.

Robert A. Ginsburg, County Atty., and Roy Wood, Asst. County Atty., for respondent.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


PER CURIAM.

Upon consideration of the petition for writ of prohibition, the response thereto, and argument of counsel, we conclude that the trial court should have granted petitioners' motion to disqualify.

The essential allegations of the motion to disqualify, the truth of which must be accepted, were that the petitioners, through Layne, had asked a third party whether the respondent had in the past been represented by the same counsel who were representing...

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