Puckett v. State

W. SHARP, Judge.

Puckett appeals from an order entered by the trial judge refusing to disqualify himself from presiding over Puckett’s post-conviction relief motion. This is not an *327appealable order. Kowalski v. Boyles, 557 So.2d 885 (Fla. 5th DCA 1990). We elect to treat this cause as a petition for writ of prohibition,1 and deny it on the merits.

Litigants have a right to seek the disqualification of a presiding judge when they have objective grounds to believe they will not receive a fair consideration at a trial or other judicial proceeding.2 In this case, the facts set forth in the motion…