Legal Opinion

Matthews v. State

District Court of Appeal of Florida

Decided September 11, 2018No. CASE NO.: 2D18-3368Published

1Opinion of the Court

Petitioner's petition for a writ prohibiting Judge Iten from presiding further in circuit court case number 18-CF-1401 is granted as the petitioner's motion to disqualify the judge filed in the circuit court is deemed legally sufficient. See Kline v. JRD Mgmt. Corp., 165 So. 3d 812, 814 (Fla. 1st DCA 2015) ("[T]he standards for disqualification do not turn on a demonstration of actual bias or partiality on the part of the judge or the judge's own perception of his or her impartiality. Rather, disqualification is required where the facts alleged and established, which must be taken as true,…

2Cases cited1 opinion

  1. Felice Kline v. JRD Management Corp. and CCMSIDistrict Court of Appeal of Florida · 2015

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