OTIS D. BLAXTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 1st DCA | 2012-03-26
No. 1D11-6308
DAVIS, THOMAS, and RAY, JJ., concur.
85 So. 3d 1150 Florida District Court of Appeal, First District (2012) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

*1151PER CURIAM.

Because the trial court properly treated Appellant’s “Petition for Writ of Mandamus: Contesting Judge Michael G. Allen’s Prejudice” as a motion for disqualification, we treat Appellant’s appeal as a writ of prohibition. See Fla. R.App. P. 9.040(c); see also Sutton v. State, 975 So.2d 1073, 1076 (Fla.2008) (“[Pjrohibition is ... clearly recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.”).

The petition for writ of prohibition is denied on the merits.

DAVIS, THOMAS, and RAY, JJ., concur.

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  • Forney v. Crews, 112 So. 3d 741 (Fla. 1st DCA 2013)
    …challenge to the denial of a motion for disqualification is properly made via petition for writ of prohibition, not by adding the issue to an existing direct appeal of a final order. See Sutton v. State, 975 So. 2d 1073 (Fla.2008); Blaxton v. State, 85 So. 3d 1150 (Fla. 1st DCA 2012). For all the foregoing reasons, the order of the trial court is AFFIRMED. LEWIS and RAY, JJ., concur.…

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