Myers v. Tobin

District Court of Appeal of Florida

Myers v. Tobin

556 So. 2d 1176, 1990 Fla. App. LEXIS 611, 1990 WL 8613

District Court of Appeal of Florida·Decided January 31, 1990·No. No. 89-2900·Published

Opinion

PER CURIAM.

Petitioner, Robert Lewis Myers, seeks a writ of prohibition to disqualify respondent judge from presiding over petitioner’s criminal case. We find that petitioner’s motion was legally sufficient to require the respondent to disqualify himself. See Williams v. State, 344 So.2d 927 (Fla. 3d DCA), cert. dismissed, 351 So.2d 409, 348 So.2d 955 (Fla.1977); Fla.R.Crim.P. 3.230(d). Because we are confident that the respondent will enter an order of recusal, we, accordingly, withhold formal issuance of our writ of prohibition. Petition granted.

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PER CURIAM.

Petitioner, Robert Lewis Myers, seeks a writ of prohibition to disqualify respondent judge from presiding over petitioner’s criminal case. We find that petitioner’s motion was legally sufficient to require the respondent to disqualify himself. See Williams v. State, 344 So.2d 927 (Fla. 3d DCA), cert. dismissed, 351 So.2d 409, 348 So.2d 955 (Fla.1977); Fla.R.Crim.P. 3.230(d). Because we are confident that the respondent will enter an order of recusal, we, accordingly, withhold formal issuance of our writ of prohibition. Petition granted.

Myers v. Tobin, 556 So. 2d 1176, 1990 Fla. App. LEXIS 611, 1990 WL 8613 (Fla. Ct. App. 1990).

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