468 So. 2d 467

BARNETT BANK OF ST. LUCIE COUNTY, Appellant, v. Cheryl Ann GARRETT and Dalton Clay Garrett, Appellees.

Nos. 84-1429, 84-1493.

District Court of Appeal of Florida, Fourth District.

May 8, 1985.

Martha C. Warner, and Warner, Fox & Seeley, Stuart, for appellant.

No appearance for appellees.

PER CURIAM.

Appellant correctly asserts that the trial judge erred when he entered an order granting appellee’s motion for leave to file a counterclaim, simultaneously with his order of recusal. See Weiner v. Weiner, 416 So.2d 1260 (Fla. 4th DCA 1982). Accordingly, we reverse that portion of the order dated June 28, 1984 which granted appel-lee’s motion for leave to file a counterclaim.

REVERSED AND REMANDED.

LETTS, DELL and WALDEN, JJ., concur.

Barnett Bank of St. Lucie County v. Garrett
468 So. 2d 467

Case Details

Name
Barnett Bank of St. Lucie County v. Garrett
Decision Date
May 8, 1985
Citations

468 So. 2d 467

Jurisdiction
Florida

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