Florida District Courts of Appeal, 1999

Turner v. Turner

Turner v. Turner
Florida District Courts of Appeal · Decided September 10, 1999 · Altenbernd, Northcutt, Patterson
781 So. 2d 380; 1999 Fla. App. LEXIS 12136; 1999 WL 770767 (Southern Reporter, Second Series)

Turner v. Turner

Opinion of the Court

PER CURIAM.

Judy Ewing Turner has filed a petition for writ of prohibition seeking review of an order denying a motion for recusal. The circuit court judge denied the motion as legally insufficient, and we agree. The *381motion to recuse was not supported by separate affidavits. The few facts sworn to by Turner in the motion were concluso-ry in nature and failed as a matter of law to establish a well-founded fear that she would not receive a fair trial. See Fischer v. Knuck, 497 So.2d 240 (Fla. 1986). Therefore, we deny the petition for writ of prohibition.

Petition denied.

PATTERSON, C.J., and ALTENBERND and NORTHCUTT, JJ., concur.

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