Opinion
No. 5D06-181.
February 24, 2006.
Petition for Writ of Prohibition, Anthony H. Johnson, Respondent Judge.
Paula C. Coffman, Orlando, for Petitioner.
Charles Crist, Attorney General, Tallahassee, Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Respondent.
We find the motion for disqualification legally sufficient when the facts therein are taken as true. The motion should have been granted. Therefore, we grant the petition for writ of prohibition, and remand with directions to grant the motion for disqualification.
The Respondent admits that the alleged facts, which must be assumed to be true, would give a reasonably prudent person a well-founded fear of not receiving a fair and impartial hearing.
PETITION GRANTED.
SHARP, W., SAWAYA and PALMER, JJ., concur.