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KOPEL v. KOPEL

No. 3D02-983.

832 So.2d 108 (2002)

Leon KOPEL, Petitioner, v. Bernardo KOPEL, et al., Respondents.

District Court of Appeal of Florida, Third District.

Specially Concurring Opinion on Denial of Rehearing December 11, 2002.

Attorney(s) appearing for the Case

Law Offices of Paul Morris, and Paul Morris, and Josephs, Jack, Miranda, McCulough & McKeown, and Stephanie E. Demos, for petitioner.

Heller and Kaplan, and Daniel Neal Heller, for respondent.

Before COPE, SHEVIN, and RAMIREZ, JJ.

Specially Concurring Opinion on Denial of Rehearing En Banc December 11, 2002.

PER CURIAM.

Leon Kopel petitions for a writ of prohibition to prevent the trial court judge from presiding over the case after denying his motion for disqualification. We find that the motion for disqualification should have been granted because the trial court judge's comments could indicate that she had predetermined certain factual issues, and thus the petitioner's fear of partiality...

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