Florida District Courts of Appeal, 2010

KENDALL 162 AVENUE CORP. v. Pineda

KENDALL 162 AVENUE CORP. v. Pineda
Florida District Courts of Appeal · Decided May 5, 2010 · Suarez, Lagoa, Salter
34 So. 3d 158; 2010 Fla. App. LEXIS 6135; 2010 WL 1779926 (Southern Reporter, Third Series)

KENDALL 162 AVENUE CORP. v. Pineda

Opinion

PER CURIAM.

Petitioner seeks a writ of prohibition to disqualify the trial court from continuing to preside over this action. The petitioner’s motion to disqualify the trial judge rested on the fact that petitioner’s counsel had sued the trial judge during the course of a recent judicial election.

As the record demonstrates, and as the respondent’s counsel has appropriately agreed, the motion to recuse should have been granted. See Siegel v. State, 861 So.2d 90 (Fla. 4th DCA 2003). As such, we grant prohibition.

Prohibition granted.

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