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DeMETRO v. BARAD

No. 90-2557.

576 So.2d 1353 (1991)

Richard DeMETRO and Judy Williams DeMetro, His Wife, Petitioners, v. The Honorable Frederick N. BARAD, Judge of the Eleventh Judicial Circuit Court in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

April 2, 1991.

Attorney(s) appearing for the Case

Kathleen M. Smith, Miami, for petitioners.

Robert A. Ginsburg, County Atty., and Roy Wood, Asst. County Atty., Morton Laitner, HRS, Miami, for respondent.

Before NESBITT, FERGUSON and COPE, JJ.

FERGUSON, Judge.

The facts presented in the petitioners' affidavit in support of their motion to disqualify the judge are such that, if taken as true,1 would prompt a reasonably prudent person to fear that he would not receive a fair and impartial trial. By that standard, disqualification was required.

Fearing that they would not receive a fair trial by the judge assigned to hear their petition to adopt a baby girl, the DeMetros...

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