Opinion
No. 2D11–5944.
2011-12-14
F.H.F., III, Appellant/Petitioner(s), v. STATE, DEPT. OF CHILDREN & FAMILY SERVICES, Appellee/Respondent(s).
BY ORDER OF THE COURT.
Petitioner's petition for a writ prohibiting Judge William R. Webb from presiding further in circuit court case numbers 11–2313 DPAWS/FC, 11–DR–6483 WS/FC, and 11–DR–6262 WS/FC, is granted. Although this court finds that the motion to disqualify Judge Webb was legally insufficient, this petition is being granted only because the circuit court's order declared that the court had “no independent reason to believe it cannot be fair and impartial in this case.” This comment went beyond assessing the legal sufficiency of the motion and improperly addressed its merits. Accordingly, a successor judge shall be immediately appointed pursuant to Florida Rule of Judicial Administration 2.330.
The circuit court clerk shall serve notice of the appointment on this court within ten days from the date of this order.