State v. Perez Jr.

Third District Court of Appeal
State of Florida
Opinion filed November 9, 2016.
Not final until disposition of timely filed motion for rehearing.
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No. 3D16-1921
Lower Tribunal No. 09-30724 B
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The State of Florida,
Petitioner,
vs.
Adolfo Perez, Jr., et al.,
Respondents.
A Case of Original Jurisdiction – Prohibition.
Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for petitioner.
Daniel Tibbitt, for respondents.
Before SUAREZ, C.J., and ROTHENBERG and FERNANDEZ, JJ.
SUAREZ, C.J.
Because we find the trial judge should have disqualified himself, we grant
the petition for writ of prohibition. We conclude that the motion for
disqualification was legally sufficient, and that the trial judge's comments were
such that the facts alleged would place a reasonably prudent person in fear of not
receiving a fair and impartial trial. See Livingston v. State, 441 So. 2d 1083, 1087
(Fla. 1983). Once a basis for disqualification has been established, prohibition is
both an appropriate and necessary remedy. Brown v. Rowe, 96 Fla. 289, 118 So. 9
(1928). Accordingly, the writ of prohibition must issue and we direct the trial judge
to disqualify himself in all proceedings presently pending in lower court case
number F09-30724B. We therefore grant the petition for writ of prohibition, but
being confident that the trial judge will withdraw, we conclude that we need not
formally issue the writ.
Petition granted.
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