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Florida District Courts of Appeal, 2006

M.T.S. v. State

M.T.S. v. State
Florida District Courts of Appeal · Decided February 24, 2006 · Palmer, Sawaya, Sharp
920 So. 2d 1248; 2006 Fla. App. LEXIS 2457; 2006 WL 435820 (Southern Reporter, Second Series)

M.T.S. v. State

Opinion of the Court

PER CURIAM.

We find the motion for disqualification legally sufficient when the facts therein are taken as true.1 The motion should have been granted. Therefore, we grant the petition for writ of prohibition, and remand with directions to grant the motion for disqualification.

PETITION GRANTED.

SHARP, W., SAWAYA and PALMER, JJ., concur.

. The Respondent admits that the alleged facts, which must be assumed to be true, would give a reasonably prudent person a well-founded fear of not receiving a fair and impartial hearing.

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