Booker v. State , 2005 Fla. App. LEXIS 18752 ( 2005 )

PER CURIAM.

We find that the motion for disqualification of Judge Frank Bell was timely and legally sufficient when the facts alleged therein are taken as true. The motion should have been granted and we therefore grant the petition for writ of prohibition, remanding the cause with directions to Judge Bell that he enter an order granfl ing the motion for disqualification.

PETITION GRANTED.

DAVIS, BROWNING and LEWIS, JJ., concur.