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ATKINSON DREDGING CO. v. HENNING

No. 93-3626.

631 So.2d 1129 (1994)

ATKINSON DREDGING COMPANY, Petitioner, v. Judge Patti Englander HENNING, a Judge of the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

February 2, 1994.

Attorney(s) appearing for the Case

Allan R. Kelley and Darren R. Latham, Fowler, White, Burnett, Hurley, Banick & Strickroot, P.A., Miami, for petitioner.

Ben J. Weaver, Weaver, Kuvin, Weaver & Lipton, P.A., Fort Lauderdale, for Carl E. Clark and Pamela J. Clark, parties in interest.

No appearance for respondent.

PER CURIAM.

We grant the petition for writ of prohibition sought herein, it being unnecessary that the writ itself issue.

At issue is whether the trial judge/respondent should be prohibited from presiding over the pending case before her in which case one of the two parties' law firms is the same firm representing the trial judge and her husband in a separate, unrelated action. We conclude that she should.

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