A.T.S. Melbourne, Inc. v. Jackson

A.T.S. Melbourne, Inc. sought a writ of prohibition from this court to require the disqualification of a trial judge from further participation in a lawsuit pending in the Eighteenth Judicial Circuit.1 We find that the motion for disqualification, attached affidavits, and the excerpt from sworn testimony taken before the lower court at a hearing on the motion on May 17, 1985, were legally sufficient to require recusal of the trial judge in this case.

At the hearing, the trial judge denied the facts of an alleged ex parte communication, and his own ability to be impartial, although that matter…