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CABADA v. COSTELLOE

No. 4D04-2246.

888 So.2d 756 (2004)

Juan CABADA, Petitioner, v. Sue Ann COSTELLOE, Respondent.

District Court of Appeal of Florida, Fourth District.

December 15, 2004.

Attorney(s) appearing for the Case

Hubert B. Dell of Hubert B. Dell, P.A., Fort Lauderdale, for petitioner.

No response required for respondent.

PER CURIAM.

We grant the petition for writ of prohibition seeking disqualification of the trial judge presiding over petitioner's divorce. We find that the judge's comments that he thought petitioner would flee the country before the next hearing, which were not based upon any evidence but just a "hunch" by the judge, "would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial." Hayslip v. Douglas, 400...

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