SOUTHEAST BANK, N.A. v. CAPUA

No. 91-863.

584 So.2d 101 (1991)

SOUTHEAST BANK, N.A., etc., Petitioners, v. The Honorable S. Peter CAPUA, etc., et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 12, 1991.


Attorney(s) appearing for the Case

Steel, Hector & Davis, and Alvin B. Davis, Miami, for petitioners.

Robert A. Ginsburg, County Atty., and Roy Wood, Asst. County Atty., Gilbride, Heller & Brown, Miami, for respondents.

Before HUBBART, NESBITT and LEVY, JJ.


PER CURIAM.

By petition for a writ of prohibition, we are required to determine the propriety of an order denying a motion to disqualify a circuit judge. For the reasons which follow we award the writ.

In 1986, the respondent judge guaranteed a promissory note with Southeast Bank as the promisee. When the maker defaulted, the respondent paid one installment under his guarantee. No further payments have been made nor has any action been taken against either...

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