Barnett Bank of St. Lucie County v. Garrett

468 So. 2d 467 | Fla. Dist. Ct. App. | 1985

PER CURIAM.

Appellant correctly asserts that the trial judge erred when he entered an order granting appellee’s motion for leave to file a counterclaim, simultaneously with his order of recusal. See Weiner v. Weiner, 416 So.2d 1260 (Fla. 4th DCA 1982). Accordingly, we reverse that portion of the order dated June 28, 1984 which granted appel-lee’s motion for leave to file a counterclaim.

REVERSED AND REMANDED.

LETTS, DELL and WALDEN, JJ., concur.