CLARK AUTO LEASING & RENTALS, INC. v. LUPO

No. 89-2109.

547 So.2d 1016 (1989)

CLARK AUTO LEASING & RENTALS, INC. F/K/a Clark Auto Leasing Corp., a Florida Corporation, Petitioner, v. Mary E. LUPO, As Circuit Judge of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied August 23, 1989.


Attorney(s) appearing for the Case

Sharon Lee Stedman and John Bond Atkinson of Rumberger, Kirk, Caldwell, Cabaniss, Burke & Wechsler, Miami, for petitioner.

Christian D. Searcy of Searcy, Denney, Scarola, Barnhart & Shipley, P.A., and Edna L. Caruso of Edna L. Caruso, P.A., West Palm Beach, for respondents-Marilyn P. Salinero and Frederick A. Salinero.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Patricia G. Lampert, Asst. Atty. Gen., West Palm Beach, for respondent-Lupo.


PER CURIAM.

We grant the petition for writ of prohibition because the trial court erred in denying the petitioner/defendant's motion for recusal and in conducting a hearing to refute the allegations contained in the motion and affidavits filed in support of the defendant's motion.

The trial court initially denied the motion for recusal ruling that the allegations contained in the motion were legally insufficient. However, after ruling on the motion, the trial...

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