Hill v. Honorable Mark a. Speiser

We grant the petition and do so on the authority of Bundy v. Rudd, 366 So.2d 440, 442 (Fla.1978), from which case we quote the following excerpt:

Regardless of whether respondent ruled correctly in denying the motion for disqualification as legally insufficient, our rules clearly provide, and we have repeatedly held, that a judge who is presented with a motion for his disqualification “shall not pass on the truth of the facts alleged nor adjudicate the question of disqualification.” Fla.R.Crim.P. 3.230(d); see, e.g., Dickenson v. Parks, 104 Fla. 577, 140 So. 459 (1932); Suarez v. State, 95…