HODGE v. MILLER

No. 92-2007.

606 So.2d 1279 (1992)

Cynthia HODGE, Petitioner, v. Hon. Jeffords D. MILLER, Circuit Court Judge, etc., Respondent.

District Court of Appeal of Florida, Fifth District.

November 6, 1992.


Attorney(s) appearing for the Case

Tanya Plaut, of Law Offices of Tanya Plaut, P.A., Orlando, for petitioner.

No appearance for respondent.


HARRIS, Judge.

On review of the record, we find that the trial judge erred in not recusing himself upon motion by petitioner. Certain statements made by the judge were sufficient to create at least a fear of bias in future proceedings.

Because we feel that the judge will recuse himself upon receipt of this order, we decline to issue the writ at this time.

W. SHARP, J., concurs.

DAUKSCH, J., concurs and concurs specially with opinion.

...

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