NEWMAN v. EADE

No. 93-2564.

627 So.2d 116 (1993)

Winston NEWMAN, Petitioner, v. Richard D. EADE, as Circuit Judge of the Seventeenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

December 1, 1993.


Attorney(s) appearing for the Case

Peter D. Lent, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for respondent.


PER CURIAM.

Petitioner seeks a writ of prohibition precluding the trial judge from presiding in further proceedings pending against petitioner. He argues that in denying the motion for disqualification, the trial judge improperly passed on the truth of the facts alleged. We agree and grant the petition for writ of prohibition.

In the order denying petitioner's motion for disqualification, the trial judge attempted to refute the charge of partiality and assumed...

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