MAHIC
v.
STATE OF FLORIDA
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An appeal of an order denying a motion to disqualify the presiding judge in a postconviction proceeding is properly treated as a petition for writ of prohibition and may be denied on that basis.
Elvis Mahic appealed an order denying his motion to disqualify the presiding judge in an underlying postconviction proceeding.…
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SLEET, Judge.
We treat Elvis Mahic's appeal of the order denying his motion to disqualify the presiding judge in the underlying postconviction proceeding as a petition for writ of prohibition, and we deny the petition. See Tundidor v. State, 361 So. 3d 775, 777 (Fla. 2023) (treating a petition seeking review of an order denying the defendant's motion to disqualify the judge assigned to preside over his postconviction proceedings as a petition for writ of prohibition). Denied.
SILBERMAN and BLACK, JJ., Concur. Opinion subject to revision prior to official publication.
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Mahic v. State (Fla. 2d DCA 2026)…SLEET, Judge. We treat Elvis Mahic's appeal of the order denying his motion to disqualify the presiding judge in the underlying postconviction proceeding as a petition for writ of prohibition, and we deny the petition. See Tundidor v. State, 361 So. 3d 775, 777 (Fla. 2023) (treating a petition seeking review of an order denying the defendant's motion to disqualify the judge assigned to preside over his postconviction proceedings as a petition for writ of prohibition). [*2] Denied. SILBERMAN and BLACK…
Authorities Cited
- Mahic v. State (Fla. 2d DCA 2026)