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NOVARTIS PHARMACEUTICALS CORP. v. CARNOTO

No. 4D02-4436.

840 So.2d 410 (2003)

NOVARTIS PHARMACEUTICALS CORP., f/k/a Sandoz Pharmaceutical Corp., Petitioner, v. Connie CARNOTO, Rene Carnoto, and Celina Poy-Wing, M.D., Respondents.

District Court of Appeal of Florida, Fourth District.

March 19, 2003.

Attorney(s) appearing for the Case

Benjamine Reid and Wendy Frank Lumish of Carlton Fields, Miami, R. Layton Mank of Wilsom, Elser, Moskowitz, Edelman & Dicker, Miami, and Joe G. Hollingsworth, Katharine R. Latimer, Martin C. Calhoun, Cynthia L. Kendrick of Spriggs & Hollingsworth, Washington, D.C., for petitioner.

Richard A. Sherman of Law Offices of Richard A. Sherman, P.A., and Wilton L. Strickland of Wilton L. Strickland, P.A., Fort Lauderdale, for respondents.

FARMER, J.

We have a petition for a writ of prohibition to disqualify a trial judge based on comments he gave to the press about a pending case. The trial judge dismissed the motion to disqualify as untimely. Upon a review of the pertinent documents, we conclude that the petition was in fact timely filed.

Because the judge found the motion untimely, he did not pass on its legal sufficiency. We therefore return the...

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