MYERS v. TOBIN

No. 89-2900.

556 So.2d 1176 (1990)

Robert Lewis MYERS, Petitioner, v. David TOBIN, As Circuit Judge of the Eleventh Judicial Circuit, Respondent.

District Court of Appeal of Florida, Third District.

January 31, 1990.


Attorney(s) appearing for the Case

Adorno Zeder Allen Yoss Bloomberg Schwartz & Goodkind, and George T. Yoss, and Raoul G. Cantero, III, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Anita J. Gay, Asst. Atty. Gen., for respondent.

Before BASKIN, GERSTEN and GODERICH, JJ.


PER CURIAM.

Petitioner, Robert Lewis Myers, seeks a writ of prohibition to disqualify respondent judge from presiding over petitioner's criminal case. We find that petitioner's motion was legally sufficient to require the respondent to disqualify himself. See Williams v. State, 344 So.2d 927 (Fla. 3d DCA), cert. dismissed, 351 So.2d 409, 348 So.2d 955 (Fla. 1977); Fla.R.Crim.P. 3.230(d). Because we are confident that...

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