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BREAKSTONE v. MacKENZIE

Nos. 88-2392, 88-2903.

561 So.2d 1164 (1989)

Arthur BREAKSTONE and Beach Enterprises, Ltd., a Florida Limited Corporation, Petitioner, v. Honorable Mary Ann MacKENZIE, As Judge of the Eleventh Judicial Circuit Court, in and for Dade County, Florida, Respondent. SUPER KIDS BARGAIN STORE, INC., Petitioner, v. Honorable Mary Ann MacKENZIE, As Judge of the Eleventh Judicial Circuit Court, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

September 14, 1989.

Attorney(s) appearing for the Case

William J. Berger, Miami, for petitioners Breakstone and Beach Enterprises, Ltd.

Shapiro and Weil and Murray Weil, Miami Beach, for petitioner Super Kids Bargain Store, Inc.

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

Richard C. Milstein, Coral Gables, Tew Jorden Schulte & Beasley and Gregory P. Borgognoni and Osmer D. Batcheller, Miami, for Dade County Bar Ass'n as amicus curiae.

Rutledge R. Liles, Jacksonville, Stephen N. Zack, Miami, John F. Harkness, Jr., Paul F. Hill, Tallahassee, for the Florida Bar as amicus curiae.

Before SCHWARTZ, C.J., and BARKDULL, HUBBART, NESBITT, BASKIN, FERGUSON, JORGENSON, COPE and LEVY, JJ.

ON HEARING AND REHEARING EN BANC

COPE, Judge.

We granted en banc consideration of two petitions for writ of prohibition which present an issue of exceptional importance relating to the disqualification of judges. See Fla.R.App.P. 9.331(a). The question common to the two petitions is whether disqualification was required where an attorney appearing before the trial judge had made a $500 contribution to the...

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