Myers v. Tobin

Full title: ROBERT LEWIS MYERS, PETITIONER, v. DAVID TOBIN, AS CIRCUIT JUDGE OF THE…

Court: District Court of Appeal of Florida, Third District

Date published: Jan 31, 1990

556 So. 2d 1176 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-2900.

January 31, 1990.

A Writ of Prohibition to the Circuit Court for Dade County; David Tobin, Judge.

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 the respondent will enter an order of recusal, we, accordingly, withhold formal issuance of our writ of prohibition. Petition granted.