Florida District Courts of Appeal, 2005

Deloach v. State

Florida District Courts of Appeal · Decided October 3, 2005 · Benton, Hawkes, Polston

911 So. 2d 888; 2005 Fla. App. LEXIS 15626; 2005 WL 2414743 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

State v. Borrego (Fla. Dist. Ct. App. 2013)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Appellant challenges the denial of his motion to disqualify the trial judge. We reverse. At the hearing, a point in contention was whether the Appellee’s witness qualified as an expert. Before the hearing, the court sua sponte informed Appellant that, during an ex parte meeting, it had advised the Appellee’s witness regarding the steps he needed to take to qualify as an expert, and offered to recuse himself. When Appellant accepted the offer to disqualify, the trial judge should have fulfilled the offer. The restitution order as to at*889torney’s fees is REVERSED, and the case remanded for rehearing before a different judge.

BENTON, POLSTON and HAWKES, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.