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ROLLE EX REL. DABRIO v. BIRKEN

No. 3D07-3251.

984 So.2d 534 (2008)

Shaniah ROLLE, a minor by and through her natural parent and guardian, Queen Seriah Azulla DABRIO, and Queen Seriah Azulla Dabrio, individually, Petitioners, v. Gary A. BIRKEN, M.D., South Florida Pediatric Surgeons, P.A., etc., et al., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing Denied June 20, 2008.

Attorney(s) appearing for the Case

Burlington & Rockenbach and Philip M. Burlington, West Palm Beach; Sheldon J. Schlesinger and Scott M. Newmark, Fort Lauderdale, for petitioners.

Stephens, Lynn, Klein, Lacava, Hoffman & Puya and Roberta G. Mandel; R.A. Cuevas, Jr., Miami-Dade County Attorney, and Eric K. Gressman, Assistant County Attorney; Abadin, Jaramillo, Cook, and Kimberly A. Cook and Erin E. Dardis, Miami, for respondents.

Before RAMIREZ, SHEPHERD, and SUAREZ, JJ.

Rehearing and Rehearing En Banc Denied June 20, 2008.

SUAREZ, J.

Plaintiffs petition for a writ of prohibition requiring the trial judge to disqualify himself from proceeding with this cause of action after comments he made following the filing of a Petition for Writ of Mandamus requesting that the cause be set for trial. We deny the petition.

The facts and reasons given for disqualification of a trial court judge must be such that the actions of the...

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