M.T.S., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
M.T.S., A CHILD, PETITIONER,
STATE OF FLORIDA, RESPONDENT
920 So. 2d 1248
Florida District Court of Appeal, Fifth District (2006)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We find the motion for disqualification legally sufficient when the facts therein are taken as true.1 The motion should have been granted. Therefore, we grant the petition for writ of prohibition, and remand with directions to grant the motion for disqualification.
PETITION GRANTED.
SHARP, W., SAWAYA and PALMER, JJ., concur. . The Respondent admits that the alleged facts, which must be assumed to be true, would give a reasonably prudent person a well-founded fear of not receiving a fair and impartial hearing.
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Green v. State, 19 So. 3d 449 (Fla. 2d DCA 2009)…la. 2d DCA 2006) (ordering trial court to strike reference to violation of one condition of probation but affirming revocation because defendant’s new law violation “itself was a sufficient basis on which to revoke his probation”); Sprague v. State, 920 So. 2d 1248, 1250 (Fla. 2d DCA 2006) (directing trial court to strike findings of violation of conditions 2 and 9 but affirming revocation based on new law violation); Robinson v. State, 773 So. 2d 566, 567-68 (Fla. 2d DCA 2000) (striking three grounds for revo…