Birch v. Babstock

931 So. 2d 245, 2006 Fla. App. LEXIS 9751, 2006 WL 1649332
District Court of Appeal of Florida·Decided June 16, 2006·No. No. 5D06-710·Published·Cited by 1 cases

Opinion

PER CURIAM.

We grant the petition for writ of prohibition filed by the Petitioner, Charlene Birch, seeking to prohibit Judge Margaret T. Waller from presiding further in the paternity petition below. Birch’s motion for disqualification sets forth facts which, if taken as true, are legally sufficient grounds for disqualification of Judge Waller pursuant to Florida Rule of Judicial Administration 2.160.1

The petition for writ of prohibition is granted. We withhold issuing a writ, as we assume trial court compliance.

PETITION GRANTED.

SHARP, W., GRIFFIN and LAWSON, JJ., concur.

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Birch v. Babstock, 931 So. 2d 245, 2006 Fla. App. LEXIS 9751, 2006 WL 1649332 (Fla. Ct. App. 2006).

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