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City of Melbourne v. Wright

District Court of Appeal of Florida, Fifth District
Jun 30, 2000
760 So. 2d 1100 (Fla. Dist. Ct. App. 2000)

Opinion

No. 5D00-1644.

Opinion Filed June 30, 2000.

Petition for Writ of Prohibition, George W. Maxwell III, Respondent Judge.

Michael J. Roper, of Bell, Leeper Roper, P.A., Orlando, for Petitioner.

No Appearance for Respondent.


The Petition for Writ of Prohibition seeking review of an order denying a motion to disqualify Judge George W. Maxwell III, is granted. The motion and supporting affidavit alleged a fear of prejudice or bias because Judge Maxwell and the attorney representing the opposing party, Charles R. Stack, practiced law together in the same firm before Judge Maxwell became a judge. The motion specifically refers to Administrative Order 99-5-B of the Eighteenth Judicial Circuit which orders that all pending or newly filed cases in which Richard Woodard and the law firm of High, Stack, Lazenby, Palahach, Platt Feiler appear as counsel should not be heard by Judge Maxwell. Under the circumstances, we find the petitioner has met the burden to establish a legally sufficient basis for disqualification. See, Livingston v. State, 688 So.2d 456 (Fla. 1983).

PETITION GRANTED.

SHARP, W., PETERSON and PLEUS, JJ., concur.


Summaries of

City of Melbourne v. Wright

District Court of Appeal of Florida, Fifth District
Jun 30, 2000
760 So. 2d 1100 (Fla. Dist. Ct. App. 2000)
Case details for

City of Melbourne v. Wright

Case Details

Full title:CITY OF MELBOURNE, FLORIDA, Petitioner, v. CHRISTOPHER WRIGHT, Respondent

Court:District Court of Appeal of Florida, Fifth District

Date published: Jun 30, 2000

Citations

760 So. 2d 1100 (Fla. Dist. Ct. App. 2000)