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BARRETT v. BARRETT

No. 4D03-2052.

851 So.2d 799 (2003)

Joseph Scot BARRETT, Petitioner, v. Kristina BARRETT, Respondent.

District Court of Appeal of Florida, Fourth District.

July 25, 2003.

Attorney(s) appearing for the Case

Jeanne C. Brady of Brady & Brady, P.A., and Steven M. Pesso of Steven M. Pesso, P.A., Boca Raton, for petitioner.

H.T. Maloney of Patterson & Maloney, Fort Lauderdale, for respondent.

KLEIN, J.

Petitioner, the father in a child custody proceeding, seeks a writ of prohibition quashing an order denying his motion to disqualify the trial judge. We conclude that the judge's cross examination of a witness for the father would reasonably have caused the father to fear that he could not get a fair and impartial trial, and grant the petition.

The witness was a woman with whom the mother and her two children...

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