5D06-181 M.T.S. v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-181

Case Date: 02/20/2006

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2006

M.T.S., A CHILD, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed February 24, 2006 Petition for Writ of Prohibition, Anthony H. Johnson, Respondent Judge. Paula C. Coffman, Orlando, for Petitioner. Charles Crist, Attorney General, Tallahassee, Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Respondent. Case No. 5D06-181

PER CURIAM. We find the motion for disqualification legally sufficient when the facts therein are taken as true.1 The motion should have been granted. Therefore, we grant the petition for writ of prohibition, and remand with directions to grant the motion for disqualification. PETITION GRANTED.

SHARP, W., SAWAYA and PALMER, JJ., concur.

The Respondent admits that the alleged facts, which must be assumed to be true, would give a reasonably prudent person a well-founded fear of not receiving a fair and impartial hearing.

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