Opinion
No. 5D00-1644.
Opinion Filed June 30, 2000.
Petition for Writ of Prohibition, George W. Maxwell III, Respondent Judge.
Michael J. Roper, of Bell, Leeper Roper, P.A., Orlando, for Petitioner.
No Appearance for Respondent.
The Petition for Writ of Prohibition seeking review of an order denying a motion to disqualify Judge George W. Maxwell III, is granted. The motion and supporting affidavit alleged a fear of prejudice or bias because Judge Maxwell and the attorney representing the opposing party, Charles R. Stack, practiced law together in the same firm before Judge Maxwell became a judge. The motion specifically refers to Administrative Order 99-5-B of the Eighteenth Judicial Circuit which orders that all pending or newly filed cases in which Richard Woodard and the law firm of High, Stack, Lazenby, Palahach, Platt Feiler appear as counsel should not be heard by Judge Maxwell. Under the circumstances, we find the petitioner has met the burden to establish a legally sufficient basis for disqualification. See, Livingston v. State, 688 So.2d 456 (Fla. 1983).
PETITION GRANTED.
SHARP, W., PETERSON and PLEUS, JJ., concur.