Opinion
No. 3D08-1167.
May 21, 2008.
A Case of Original Jurisdiction — Prohibition.
Arnstein Lehr, and Richard L. Rosenbaum, Fort Lauderdale, for petitioner.
Bill McCollum, Attorney General, and Linda Katz, Assistant Attorney General, for respondent.
Before GREEN, SHEPHERD, and CORTIÑAS, JJ.
On Motion for Clarification
We grant the State of Florida's Motion for Clarification, withdraw our order issued May 16, 2008, and substitute the following in its stead.
Petitioner, Michael Hernandez, seeks a writ of prohibition based on the trial judge's summary refusal to disqualify himself. Because we find that the trial judge's complained of comments did not rise to the level necessary for disqualification, we deny the petition with prejudice.