Summary
finding statements made by trial court judge provided a "well founded fear" the defendant would not receive an unbiased hearing
Summary of this case from Hess v. HessOpinion
No. 3D00-3122.
Opinion filed November 29, 2000.
A Case of Original Jurisdiction — Prohibition, Lower Tribunal No. F98-7682 B.
Prohibition granted.
Levine Finger and Jay L. Levine, for petitioner.
Robert A. Butterworth, Attorney General and Jill K. Traina, Assistant Attorney General for respondent.
Before Schwartz, C.J., and Gersten and Green, JJ.
Upon the holding that the statements made by the trial judge provide a well founded fear that the defendant would not receive a unbiased subsequent hearing, we conclude that the motion to disqualify him was erroneously denied. See Gonzalez v. Goldstein, 633 So.2d 1183 (Fla. 4th DCA 1994); Michaud-Berger v. Hurley, 607 So.2d 441 (Fla. 4th DCA 1992), review denied, 614 So.2d 503 (Fla. 1993); Lamendola v. Grossman, 439 So.2d 960 (Fla. 3d DCA 1983). The application for a writ of prohibition precluding his further participation in the cause is granted.