Legal Opinion

Rhodes v. State

District Court of Appeal of Florida

Decided September 11, 1998No. 98-2147Published

1Per curiam

The trial court erred in not granting the petitioner’s motion to recuse. See Edwards v. State, 712 So.2d 407 (Fla. 5th DCA 1998); Stephney v. State, 564 So.2d 1246 (Fla. 3d DCA 1990). Accordingly, we grant the petition for writ of prohibition. Because we are confident that the trial judge will promptly comply with this court’s opinion, we withhold formal issuance of the writ.

WRIT GRANTED.

COBB, GOSHORN and PETERSON, JJ., concur.

2Cases cited2 opinions

  1. Stephney v. StateDistrict Court of Appeal of Florida · 1990
  2. Edwards v. StateDistrict Court of Appeal of Florida · 1998