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BARNETT BK. OF ST. LUCIE v. GARRETT

Nos. 84-1429, 84-1493.

468 So.2d 467 (1985)

BARNETT BANK OF ST. LUCIE COUNTY, Appellant, v. Cheryl Ann GARRETT and Dalton Clay Garrett, Appellees.

District Court of Appeal of Florida, Fourth District.

May 8, 1985.

Attorney(s) appearing for the Case

Martha C. Warner, and Warner, Fox & Seeley, Stuart, for appellant.

No appearance for appellees.

PER CURIAM.

Appellant correctly asserts that the trial judge erred when he entered an order granting appellee's motion for leave to file a counterclaim, simultaneously with his order of recusal. See Weiner v. Weiner, 416 So.2d 1260 (Fla. 4th DCA 1982). Accordingly, we reverse that portion of the order dated June 28, 1984 which granted appellee's motion for leave to file a counterclaim.

REVERSED AND REMANDED.

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