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HIP HEALTH PLAN OF FLORIDA, INC. v. GRIFFIN

No. 4D99-3891.

757 So.2d 1272 (2000)

HIP HEALTH PLAN OF FLORIDA, INC., a Florida corporation, Petitioner, v. Sandi GRIFFIN, as personal representative of the estate of Dale Griffin, Deceased, for and on behalf of said Estate and the survivors thereof, Respondents.

District Court of Appeal of Florida, Fourth District.

May 24, 2000.

Attorney(s) appearing for the Case

Theodore R. Dempster of Steven M. Ziegler, P.A., Hollywood, and Diane H. Tutt of Diane H. Tutt, P.A., Plantation, for petitioner.

Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, and Sheldon J. Schlesinger, P.A., Fort Lauderdale, for respondents.

WARNER, C.J.

Petitioner, HIP Health Plan, filed for a writ of prohibition, because the trial court denied its motion for disqualification. The court determined that, the motion was untimely under rule 2.160(e) of the Florida Rules of Judicial Administration. We agree and deny the petition.

HIP contends that at a hearing on September 13, 1999, the trial judge made remarks reflecting his bias against HIP. On September 24, 1999, HIP filed its motion for disqualification...

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