McGibeny v. Smith

DAUKSCH, Judge.

This matter is before the court upon a petition for writ of prohibition.

The allegations of the petition are the same as those which this court found sub*714stantially sufficient, but procedurally deficient, in McGibeny v. Smith, 511 So.2d 1083 (Fla. 5th DCA 1987).

The allegations of the petition before this court are legally sufficient, as were, those in the Motion for Disqualification of Judge filed below. The order denying the disqualification was error.

In his responses to this court’s Rule to Show Cause the respondent, both on the previous occasion and this one, relies upon…