Larimer v. State

OPINION OF THE COURT

McNEAL, R. Circuit Judge.

Petitioner, David E. Larimer, filed a Petition for Writ of Certiorari *14alleging that the county court departed from the essential requirements of law by failing to rule on petitioner’s Motion to Disqualify.

First, we find common law certiorari is appropriate under the facts of this case because the trial court violated a clearly established principle of law by failing to follow Fla. R. Crim. P. 3.230. If the trial court had denied petitioner’s Motion to Disqualify, petitioner could have appealed the ruling by applying for a writ of prohibition. Since…