Opinion
Case No. SC04-86.
May 21, 2004.
Lower Tribunal No. 81-1659-CF.
CORRECTED ORDER
Petitioner Tommy Sands Groover has filed a petition for writ of prohibition and/or mandamus, asking the Court to direct the circuit court to permit pro bono counsel Martin J. McClain and Linda McDermott to be substituted as counsel in his postconviction proceedings and to disqualify Circuit Court Judge Charles W. Arnold from presiding over his postconviction proceedings. The petition is denied without prejuice to refile after full compliance with Florida Rule of Judicial Administration 2.060(h)(2). We expect that the circuit court will rule on the motion to disqualify when a proper motion for substitution of counsel has been filed.
Accordingly, the petition for writ of prohibition and/or mandamus is hereby denied.
WELLS, PARIENTE, LEWIS, QUINCE and BELL, JJ., concur. ANSTEAD, C.J., and CANTERO, J., concur in result only.