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Blaxton v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Mar 26, 2012
CASE NO. 1D11-6308 (Fla. Dist. Ct. App. Mar. 26, 2012)

Opinion

CASE NO. 1D11-6308

03-26-2012

OTIS D. BLAXTON, Petitioner, v. STATE OF FLORIDA, Respondent.

Otis D. Blaxton, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

Petition for Writ of Prohibition - original jurisdiction. Otis D. Blaxton, pro se, Petitioner. Pamela Jo Bondi, Attorney General, Charlie McCoy, Senior Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM.

Because the trial court properly treated Appellant's "Petition for Writ of Mandamus: Contesting Judge Michael G. Allen's Prejudice" as a motion for disqualification, we treat Appellant's appeal as a writ of prohibition. See Fla. R. App. P. 9.040(c); see also Sutton v. State, 975 So. 2d 1073, 1076 (Fla. 2008) ("[P]rohibition is ... clearly recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.").

The petition for writ of prohibition is denied on the merits. DAVIS, THOMAS, and RAY, JJ., CONCUR.


Summaries of

Blaxton v. State

DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA
Mar 26, 2012
CASE NO. 1D11-6308 (Fla. Dist. Ct. App. Mar. 26, 2012)
Case details for

Blaxton v. State

Case Details

Full title:OTIS D. BLAXTON, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA

Date published: Mar 26, 2012

Citations

CASE NO. 1D11-6308 (Fla. Dist. Ct. App. Mar. 26, 2012)