Southeast Bank, N.A. v. Capua

By petition for a writ of prohibition, we are required to determine the propriety of an order denying a motion to disqualify a circuit judge. For the reasons which follow we award the writ.

In 1986, the respondent judge guaranteed a promissory note with Southeast Bank as the promisee. When the maker defaulted, the respondent paid one installment under his guarantee. No further payments have been made nor has any action been taken against either the maker or the respondent by Southeast Bank.

In the underlying case, Southeast Bank filed separate actions against the makers and guarantors of…