GATOR INVESTMENT & DEVELOPMENT, LLC, v. MACOR REALTY, INC., and ELISIA ("LISA") MASON BEUNING

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA GATOR INVESTMENT & DEVELOPMENT, LLC, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Petitioner, CASE NO. 1D12-1101 v. MACOR REALTY, INC., and ELISIA ("LISA") MASON BEUNING, Respondents. ___________________________/ Opinion filed June 1, 2012. Petition for Writ of Prohibition -- Original Jurisdiction. Robert A. Stok and Rebecca L. Rhew of Stok Folk & Kon, P.A., Aventura, for Petitioner. T. Scott Frazier of Terry and Frazier, P.A., Orlando, for Respondents. PER CURIAM. By petition for writ of prohibition, petitioner Gator Investment & Development, LLC, seeks review of the lower tribunal s order denying petitioner s motion for disqualification. We have jurisdiction. See, e.g., Lusskin v. State, 717 So. 2d 1076, 1077 (Fla. 4th DCA 1998). Upon review, we find that the motion for disqualification was timely and legally sufficient. The petition is therefore granted and the trial judge is directed to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge. BENTON, C.J., THOMAS and SWANSON, JJ., CONCUR. 2

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