Wilson v. DCF

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
RACHEL WILSON and S.B., A CHILD,
Petitioners,
v. Case No. 5D17-3373
DEPARTMENT OF CHILDREN AND FAMILIES,
Respondent.
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Opinion filed November 9, 2017
Petition for Writ of Prohibition,
Charles G. Crawford, Respondent Judge.
Lindsey M. Sharp, of Lindsey M. Sharp,
P.A., Indiatlantic, for Petitioners.
Kelley Schaeffer, Children's Legal
Services, Bradenton, for Respondent.
WALLIS, J.
Petitioners seek a writ of prohibition disqualifying the judge presiding over their
dependency proceedings. The trial court initially denied Petitioners' motions to recuse or
disqualify the judge as legally insufficient. Respondent provides no cause for denying the
petition. We find that the allegations in both motions to disqualify, which must be taken as
true, would prompt a reasonable person to fear that he or she could not receive a fair and
impartial hearing or trial in front of the current judge. See Shapiro v. Craig, 210 So. 3d
782, 782 (Fla. 5th DCA 2017); see also Mangina v. Cornelius, 462 So. 2d 602, 602 (Fla.
5th DCA 1985) ("Where the trial judge refuses to disqualify himself, prohibition is the
proper remedy . . . ." (citing Bundy v. Rudd, 366 So. 2d 440 (Fla. 1978))). Therefore, we
grant the petition.
PETITION GRANTED.
SAWAYA and EISNAUGLE, JJ., concur.
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