Opinion
Case No. 1D04-0794.
Opinion filed May 28, 2004.
Petition for Writ of Prohibition — Original Jurisdiction.
Rhonda S. Clyatt and Jean M. Downing, Panama City, for petitioner.
Carroll McCauley, Panama City, for respondent.
We conclude that the facts alleged in petitioner's third motion for disqualification, taken as true, were sufficient to establish a well-grounded fear on the part of petitioner that she would not receive a fair and impartial hearing before the trial judge. Accordingly, the petition for writ of prohibition is granted, and on remand, a new judge shall be assigned to hear further proceedings in this matter.
KAHN, WEBSTER and BROWNING, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND DISPOSITION THEREOF IF FILED.