ROWE-LINN v. BERMAN

No. 92-1396.

601 So.2d 618 (1992)

Peggy ROWE-LINN, Petitioner, v. The Honorable Howard C. BERMAN, Circuit Judge of the Fifteenth Judicial Circuit In And For Palm Beach County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

June 24, 1992.


Attorney(s) appearing for the Case

Jane Kreusler-Walsh of Klein & Walsh, P.A., and Peggy Rowe-Linn, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., Hollywood, for respondent.

Richard G. Lubin of Lubin and Gano, P.A., West Palm Beach, for Mother.


PER CURIAM.

The petition is granted. Although we do not issue a writ of prohibition, we are confident respondent will promptly disqualify himself, and the circuit court will assign the case below to another judge.

While we do not think the motion for disqualification was legally sufficient, we fear the respondent stepped over the line in the order of denial by failing to "limit his inquiry to a determination of the sufficiency of the motion to disqualify,...

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