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Third District Court of Appeal

State of Florida, January Term, A.D. 2010

Opinion filed April 14, 2010. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D09-3037 Lower Tribunal No. 04-9213 ________________

Deborah Ferris,

Petitioner, vs.

Tikhon Ferris, et al.,

Respondent.

A Case of Original Jurisdiction ­ Prohibition to the Circuit Court for MiamiDade County, Leon Firtel, Judge. Deborah Ferris, in proper person; Hal S. Vogel, for petitioner. Greene Smith and Cynthia L. Greene, for respondent.

Before WELLS and SUAREZ, JJ., and SCHWARTZ, Senior Judge. PER CURIAM.

On the authority of Madura v. Turosienski, 901 So. 2d 396 (Fla 2d DCA 2005), we hold that the disqualification of the present trial judge is required. Prohibition granted.

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Microsoft Word - 3D09-3037.op.doc