CHARLES EATO, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT

Fla. 3d DCA | 2009-04-15
No. 3D08-1335
Before GERSTEN, C.J., and WELLS and SUAREZ, JJ.
7 So. 3d 633 Florida District Court of Appeal, Third District (2009) Positive Treatment
Cited by 2 cases


Opinion of the Court
WELLS, Judge.

WELLS, Judge.

Charles Eato appeals from an order denying his pro se motion to disqualify Judges Jacqueline Hogan Scola and Peter R. Lopez in case numbers F03-2288A and F03-2289A.1 We treat the instant appeal as a petition for writ of prohibition, see Madura v. Turosienski, 901 So.2d 396, 397 (Fla. 2d DCA 2005) (treating the appeal from an order denying a motion to disqualify the trial judge as a petition for writ of prohibition), which we deny finding no abuse of discretion. See King v. State, 840 So.2d 1047,1049 (Fla.2003) (stating that an order denying a motion to disqualify is reviewed for an abuse of discretion); Fla. R. Jud. Admin. 2.330(e) (requiring a motion to disqualify be filed “within a reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion”).


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Cited By

  • S.B. v. Fla. Dep't OF Child. & Families, 18 So. 3d 1214 (Fla. 1st DCA 2009)
    …PER CURIAM. DENIED. See Eato v. State, 7 So. 3d 633 (Fla. 3d DCA 2009); Fla. R. Jud. Admin. 2.330(e). HAWKES, C.J., BARFIELD and BENTON, JJ., concur.…
  • Benitez v. Benitez (Fla. 3d DCA 2019)
    …ry D. Benitez, in proper person. Nancy A. Hass, P.A., and Nancy A. Hass, (Fort Lauderdale), for respondent. Before FERNANDEZ, SCALES, and MILLER, JJ. MILLER, J. We treat the instant appeal as a petition for writ of prohibition. See Eato v. State, 7 So. 3d 633 (Fla. 3d DCA 2009) (treating an appeal from an order denying a motion for disqualification as a petition for writ of prohibition). As the trial court correctly denied the legally insufficient disqualification motion, we hereby deny the petition…

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