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CRESCENT HEIGHTS XLVI, INC. v. SEA-AIR TOWERS CONDOMINIUM ASSOCIATION, INC.

No. 98-3781.

729 So.2d 420 (1999)

CRESCENT HEIGHTS XLVI, INC., Petitioner, v. SEA-AIR TOWERS CONDOMINIUM ASSOCIATION, INC., Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 7, 1999.

Attorney(s) appearing for the Case

Ronald S. Lowy of Law Offices of Ronald S. Lowy, Miami, for petitioner.

Michael L. Hyman and Edo Meloni of Hyman & Kaplan, P.A., Miami, for respondent.

PER CURIAM.

We grant the defendant's petition for writ of prohibition to disqualify the presiding judge. The order granting the plaintiff's motion for temporary injunction included a direction to the plaintiff to amend its complaint to add a count for reformation. Plaintiff had not sought leave to amend its complaint. By offering legal advice to the plaintiff, the judge raised concern about his impartiality sufficient to require his disqualification. See Chastine...

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