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COUCHER v. LICHT

No. 99-463.

731 So.2d 835 (1999)

Linda COUCHER, etc., et al., Petitioners, v. Margaret LICHT, et al., Respondents.

District Court of Appeal of Florida, Fifth District.

May 7, 1999.

Attorney(s) appearing for the Case

Sallie D. Skipper of Law Office of H. Curtis Skipper, P.A., New Port Richey, and Lefferts L. Mabie, III, of Lefferts L. Mabie, III, P.A., Tampa, for Petitioners.

Frank A. Miller and David J. Day, of Caglianone & Miller, P.A., Brooksville, for Respondent, Margaret Licht.

Michael A. Roe of Austin, Ley, Roe, Patsko, Swain & Diaz, P.A., Tampa, for Respondent, State Farm.

Alan D. Stewart, Tampa, for Respondent, St. Paul Mercury Insurance Company.

PER CURIAM.

Linda, Peter and Phillip Coucher's petition for writ of prohibition seeks recusal of a trial judge. We find some of the allegations sufficient, and we grant the writ.

According to the Couchers' allegations, the judge commented several times about the veracity of a witness during a hearing on a motion for summary judgment. The judge also commented that he would do some research to try to figure out a way to disregard the witness's affidavit. We...

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