Blaxton v. State

85 So. 3d 1150, 2012 Fla. App. LEXIS 4605, 2012 WL 987506

Opinion

PER CURIAM.

Because the trial court properly treated Appellant’s “Petition for Writ of Mandamus: Contesting Judge Michael G. Allen’s Prejudice” as a motion for disqualification, we treat Appellant’s appeal as a writ of prohibition. See Fla. R.App. P. 9.040(c); see also Sutton v. State, 975 So.2d 1073, 1076 (Fla.2008) (“[Pjrohibition is ... clearly recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.”).

The petition for writ of prohibition is denied on the merits.

DAVIS, THOMAS, and RAY, JJ., concur.