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BRAKE v. MURPHY

No. 96-3026.

693 So.2d 663 (1997)

Eileen M. BRAKE, et al., Petitioners, v. Eve E. MURPHY, et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 4, 1997.

Attorney(s) appearing for the Case

Robert M. Brake, Coral Gables, for petitioners.

Richard T. Kozek, Jr.; Robert Ginsburg, County Attorney, and Lee Kraftchick, Assistant County Attorney, for respondents.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.

NESBITT, Judge.

In this "interminable litigation"1 between the beneficiaries of an estate, petitioners point to a number of claimed errors. We find one point determinative, that being petitioners' argument that when confronted with record evidence of ex parte communication, the trial judge should have granted petitioners' motion for disqualification. We grant the instant petition, and vacate several rulings made after that communication...

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