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CANNON v. U.S. BANK NAT. ASS'N

No. 4D15-436.

171 So.3d 133 (2015)

Richard K. CANNON, a/k/a Richard Cannon and Meryl Cannon, Petitioners, v. U.S. BANK NATIONAL ASSOCIATION, as Trustee, successor in Interest to Bank of America, National Association as Trustee as successor by merger to Lasalle Bank, National Association as Trustee for WAMU Mortgage Pass-Through Certificates, Series 2007-HY5 Trust, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing En Banc Denied August 31, 2015.

Attorney(s) appearing for the Case

Richard R. Widell of Golant and Golant, P.A., Boca Raton, for petitioners.

Jan Timothy Williams of Lapin & Leightling, LLP, Coral Gables, for respondent.

The petition for writ of prohibition seeking disqualification of the trial judge is denied.

DAMOORGIAN, C.J., and GERBER, J., concur.

WARNER, J., dissents with opinion.

WARNER, J., dissenting.

I would grant the writ. Even though the motion and affidavit were based upon hearsay, the petitioners filed...

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