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ESTATE OF WHITE EX REL. WHITE v. BEVERLY HEALTH AND REHABILITATION SERVICES, INC.

No. 1D02-2156.

826 So.2d 485 (2002)

The ESTATE OF Christine WHITE, by and through John J. WHITE, III, Celeste Phelps, and James Sheldon White, Co-Personal Representatives, Petitioners, v. BEVERLY HEALTH AND REHABILITATION SERVICES, INC., and Vantage Healthcare Corporation (as to Capital Health Care Center), Respondents.

District Court of Appeal of Florida, First District.

September 20, 2002.

Attorney(s) appearing for the Case

Camille Godwin of Wilkes & McHugh, Tampa, for petitioners.

Douglas P. Jones of McFarlain & Cassedy, Tallahassee, for respondents.

PER CURIAM.

We conclude the trial judge should have granted the motion for disqualification, but note that our conclusion is not a comment on the fairness of the trial judge. The petition for writ of prohibition is granted, however, we assume it will be unnecessary to issue the formal writ. We are confident that the trial judge will, upon receipt of this opinion, enter an order of recusal from this cause and the cause, thereafter, will be reassigned to a new trial...

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