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MARCOTTE v. GLOECKNER

No. 96-1726.

679 So.2d 1225 (1996)

Richard MARCOTTE, etc., et al., Petitioners, v. Hon. Linda GLOECKNER, Circuit Court Judge, etc., et al., Respondents.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied September 24, 1996.

Attorney(s) appearing for the Case

Edna L. Caruso and Russell S. Bohn of Caruso, Burlington, Bohn & Compiani, P.A., West Palm Beach, and Maher, Gibson and Guiley, Orlando, for Petitioners.

Robert A. Butterworth, Attorney General, Tallahassee, and Henry A. Gill, Jr., Assistant Attorney General, Tampa, for Respondent Hon. Linda Gloeckner, Circuit Court Judge.

Michael J. Krakar and Nicholas A. Shannin of McDonough, O'Dell, Wieland & Williams, Orlando, for Respondent Jim Baker Construction, Inc.

George E. Carr of O'Neill, Chapin, Marks, Liebman, Cooper & Carr, Orlando, for Respondent Sunrise Gift & Souvenir, Inc.

W. David Rogers, Jr. of Rogers, Dowling, Fleming & Coleman, P.A., Orlando, for Respondents Vista Partners, Sellar-Morris Properties, Inc. and Morris Restaurants, Inc.

Elizabeth C. Wheeler of Johnson and Bussey, P.A., Orlando, for Respondent Larry Dee Bessey d/b/a Phase III Electric.

PER CURIAM.

Petitioners, plaintiffs below in three consolidated cases, seek a writ of prohibition from this court. They challenge the trial court's order denying their motions to disqualify. Under the circumstances presented, we grant the petition.

Petitioners alleged in their motions to disqualify that a law firm now involved with the instant litigation by virtue of its representation of the subrogated insurer, also recently represented the trial judge, who...

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