WEISS V. BERKETT

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 PATRICIA POLLAK WEISS, Petitioner, vs. ** ** ** PHYLLIS POLLAK BERKETT, As ** the Successor Interim Trustee of the Trusts Under the Will ** of Albert Pollak, Deceased, and the Albert Pollak Inter ** Vivos Trusts, ** Respondent. ** CASE NO. 3D02-1806 LOWER TRIBUNAL NOS. 92-4112 91-5143 Opinion filed October 9, 2002. A Writ of Prohibition to the Circuit Court for Miami-Dade County, Maria M. Korvick, Judge. Patricia Pollak Weiss, in proper person. Hirschhorn & Bieber and Joel Hirschhorn; Jacobs Chase Frick & Kelley and Jonathan C. Oster; and Susan E. Durre , for respondent. Linda Kelly Kearson, General Counsel, 11th Judicial Circuit of Florida, for Maria M. Korvick, Judge. Before GERSTEN, FLETCHER and SHEVIN, JJ. PER CURIAM. We grant the petition for writ of prohibition. Here, as we found in Pollack v. Berkett, 816 So. 2d 1142 (Fla. 3d DCA 2002), the disqualification motion should have been granted. We are confident that issuance of the writ will be unnecessary. Prohibition granted. -2-

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