Florida District Courts of Appeal, 2004

Allen v. Allen

Allen v. Allen
Florida District Courts of Appeal · Decided May 28, 2004 · Browning, Kahn, Webster
873 So. 2d 1259; 2004 Fla. App. LEXIS 7566; 2004 WL 1176268 (Southern Reporter, Second Series)

Allen v. Allen

Opinion of the Court

PER CURIAM.

We conclude that the facts alleged in petitioner’s third motion for disqualification, taken as true, were sufficient to establish a well-grounded fear on the part of petitioner that she would not receive a fair -and impartial hearing before the trial judge. Accordingly, the petition for writ of prohibition is granted, and on remand, a new judge shall be assigned to hear further proceedings in this matter. '

KAHN, WEBSTER and BROWNING, JJ., concur. '

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