Deloach v. State

District Court of Appeal of Florida

Deloach v. State

911 So. 2d 888, 2005 Fla. App. LEXIS 15626, 2005 WL 2414743

District Court of Appeal of Florida·Decided October 3, 2005·No. No. 1D05-0676·Published·Cited by 1 cases

Opinion

PER CURIAM.

Appellant challenges the denial of his motion to disqualify the trial judge. We reverse. At the hearing, a point in contention was whether the Appellee’s witness qualified as an expert. Before the hearing, the court sua sponte informed Appellant that, during an ex parte meeting, it had advised the Appellee’s witness regarding the steps he needed to take to qualify as an expert, and offered to recuse himself. When Appellant accepted the offer to disqualify, the trial judge should have fulfilled the offer. The restitution order as to at[889]*889torney’s fees is REVERSED, and the case remanded for rehearing before a different judge.

BENTON, POLSTON and HAWKES, JJ., concur.

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PER CURIAM.

Appellant challenges the denial of his motion to disqualify the trial judge. We reverse. At the hearing, a point in contention was whether the Appellee’s witness qualified as an expert. Before the hearing, the court sua sponte informed Appellant that, during an ex parte meeting, it had advised the Appellee’s witness regarding the steps he needed to take to qualify as an expert, and offered to recuse himself. When Appellant accepted the offer to disqualify, the trial judge should have fulfilled the offer. The restitution order as to at[889]*889torney’s fees is REVERSED, and the case remanded for rehearing before a different judge.

BENTON, POLSTON and HAWKES, JJ., concur.

Deloach v. State, 911 So. 2d 888, 2005 Fla. App. LEXIS 15626, 2005 WL 2414743 (Fla. Ct. App. 2005).

Pincite

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Opinion

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