PINNACLE INS. CO. v. FREEMAN

No. 96-1321.

687 So.2d 989 (1997)

PINNACLE INSURANCE COMPANY, Petitioner, v. Hon. Thomas G. FREEMAN, Circuit Court Judge, Etc., et al., Respondents.

District Court of Appeal of Florida, Fifth District.

February 21, 1997.


Attorney(s) appearing for the Case

R. Wade Wetherington, of Wetherington, LeFloch & Hamilton, P.A., Tampa, for Petitioner, Pinnacle Insurance Company.

Robert A. Butterworth, Attorney General, Tallahassee, and Henry A. Gill, Jr., Assistant Attorney General, Tampa, for Respondent, Hon. Thomas G. Freeman.

David F. Tegeler, of Bull, Morlan, Simpson & Stovash, P.A., Orlando, for Respondents, Frank Norris and Barbara Norris.

David E. Cannella of Maguire, Voorhis & Wells, P.A., Orlando, for Respondents, United Masonry Enterprises, Inc. and Timothy F. Norris.


HARRIS, Judge.

The allegations in this Petition for Writ of Prohibition are truly troubling. It appears from an affidavit filed by Pinnacle in support of its Motion to Disqualify the judge that the judge at a previous hearing on a motion for summary judgment refused to consider Pinnacle's argument that defendant's affidavit given for the purpose of defeating summary judgment should be stricken since it attempted to repudiate prior deposition testimony. Instead, according...

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