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EQUITABLE LIFE ASSU. SOCY. v. WALLER

No. 95-1675.

659 So.2d 490 (1995)

THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, a New York Corporation, Petitioner, v. The Honorable Margaret T. WALLER, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

September 1, 1995.

Attorney(s) appearing for the Case

Don A. Lynn, P.A., and Andrew M. Brumby, of Shutts & Bowen, Orlando, for petitioner.

Roland A. Sutcliffe, Jr., and J. Timothy Schulte, of Zimmerman, Shuffield, Kiser & Sutcliffe, P.A., Orlando, for respondents, Earl M. Crittenden and Arthur E. Langley.

No appearance for respondents, The Honorable Margaret T. Waller, Holopaw Groves Partnership, Toyota Tsusho America, Inc. and Silver Springs Citrus Co-op.

GRIFFIN, Judge.

Although the factual predicate presented below creates a close question of law, we conclude that the motion and supporting affidavits are legally sufficient to state a reasonable fear on the part of petitioner that petitioner would not receive a fair hearing or trial before the currently assigned judge. We do not credit the principal contention of respondents Crittenden and Langley that the motion to disqualify was untimely filed. See Fla.R...

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