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NUNEZ v. BACKMAN

No. 94-1633.

645 So.2d 1063 (1994)

Emilio Jesus NUNEZ, Petitioner, v. The Honorable Paul L. BACKMAN, Circuit Judge of the Seventeenth Judicial Circuit in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

November 16, 1994.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, Stacey J. Pastel and Diane M. Cuddihy, Asst. Public Defenders, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sharon A. Wood, Asst. Atty. Gen., West Palm Beach, for respondent.

KLEIN, Judge.

We grant respondent's motion for clarification, withdraw our opinion of September 21, 1994, and substitute the following opinion.

Petitioner seeks a writ of prohibition as a result of an order denying his motion for disqualification of the trial judge. Petitioner's sworn allegations were that: (1) the trial judge had requested and received a covertly recorded videotape of petitioner conferring with...

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