Lilker v. Berry

133 So. 3d 1246, 2014 WL 1213465, 2014 Fla. App. LEXIS 4275
District Court of Appeal of Florida·Decided March 24, 2014·No. No. 1D13-5641·Published

Opinion

PER CURIAM.

By petition for writ of prohibition, petitioner Stewart Lilker seeks review of the lower tribunal’s order denying petitioner’s motion for disqualification. We have jurisdiction. See, e.g., Lusskin v. State, 717 So.2d 1076, 1077 (Fla. 4th DCA 1998).

[1247]*1247Upon review, we find that the motion for disqualification was timely and legally sufficient. The petition is therefore granted and the trial judge is directed to enter an order of disqualification which requests the chief circuit judge to appoint a successor judge.

PADOVANO and ROBERTS, JJ., concur. BENTON, J., dissents.

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Lilker v. Berry, 133 So. 3d 1246, 2014 WL 1213465, 2014 Fla. App. LEXIS 4275 (Fla. Ct. App. 2014).

133 So. 3d 1246 (Lilker v. Berry) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Lusskin v. State
717 So. 2d 1076 (District Court of Appeal of Florida, 1998)