State v. Campusano

District Court of Appeal of Florida

State v. Campusano

813 So. 2d 301, 2002 Fla. App. LEXIS 5231, 2002 WL 662978

District Court of Appeal of Florida·Decided April 22, 2002·No. No. 3D02-1061·Published

Opinion

PER CURIAM.

We grant the petition for writ of prohibition. The respondents commendably concede that the trial judge improperly reconsidered the disqualification order, and improperly attempted to refute the charges of partiality in the motion. Bundy v. Rudd, 366 So.2d 440 (Fla.1978); State v. Schack, 617 So.2d 832 (Fla. 4th DCA 1993). Accordingly, we grant the petition, withholding the writ in reliance upon the trial court abiding by our decision. This cause is remanded with directions to the Chief Judge of the Eleventh Judicial Circuit to reassign this case to another trial judge.

Prohibition granted.

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PER CURIAM.

We grant the petition for writ of prohibition. The respondents commendably concede that the trial judge improperly reconsidered the disqualification order, and improperly attempted to refute the charges of partiality in the motion. Bundy v. Rudd, 366 So.2d 440 (Fla.1978); State v. Schack, 617 So.2d 832 (Fla. 4th DCA 1993). Accordingly, we grant the petition, withholding the writ in reliance upon the trial court abiding by our decision. This cause is remanded with directions to the Chief Judge of the Eleventh Judicial Circuit to reassign this case to another trial judge.

Prohibition granted.

State v. Campusano, 813 So. 2d 301, 2002 Fla. App. LEXIS 5231, 2002 WL 662978 (Fla. Ct. App. 2002).

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Opinion

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