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LESLIE v. LESLIE

No. 4D02-3454.

840 So.2d 1097 (2003)

Vernon M. LESLIE, Jr., Petitioner, v. Kathleen M. LESLIE, Vernon M. Leslie and Peter J. Forman, Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 8, 2003.

Attorney(s) appearing for the Case

Vernon M. Leslie, Jr., Okeechobee, pro se.

Charlie Crist, Attorney General, Tallahassee, Charles M. Fahlbusch, Assistant Attorney General, Ft. Lauderdale, for respondent Judge Mary Lupo.

Joanne Fanizza of the Law Offices of Joanne Fanizza, P.A., Ft. Lauderdale, for respondents Kathleen M. Leslie and Vernon M. Leslie.

WARNER, J.

Petitioner filed this writ for prohibition to disqualify the trial judge from further proceedings in this case. Because the trial judge made comments which indicated she would not give credit to petitioner's testimony or case, petitioner's motion to disqualify was legally sufficient. We therefore grant the petition.

Petitioner, an incarcerated prisoner, is a beneficiary of the Estate of Mary Lincoln,...

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