COLARUSSO V. COLARUSSO

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Third District Court of Appeal State of Florida, January Term, A.D. 2011 Opinion filed July 6, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-2633 Lower Tribunal No. 09-19293 ________________ Christopher Colarusso, Appellant, vs. Brenna Myers Colarusso, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Robert N. Scola, Jr., Judge. Deborah Marks, for appellant. Heller and Chames, and Deborah S. Chames, for appellee. Before WELLS, C.J., and SHEPHERD and EMAS, JJ. PER CURIAM. 1 Affirmed. See Fla. R. Jud. Admin. 2.330(e) ( A motion to disqualify shall be filed within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion . . . ). See also Clements v. Banks, 159 So. 2d 892 (Fla. 3d DCA 1964); City of Coral Gables v. Brasher, 132 So. 2d 442 (Fla. 3d DCA 1961) (stating issue of trial court s alleged prejudice should have been raised and preserved below and could not properly be raised for first time on appeal). 2

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