Guardian Ad Litem Program for the Eleventh Judicial Circuit v. T.T. (949 So. 2d 1084, 2007)

Florida District Court of Appeal 2007-01-31

Citations

Full opinion text

PER CURIAM.

This is a Petition for Writ of Prohibition filed by the Guardian Ad Litem Program for the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, and the Florida Department of Children and Family Services. We find the petition to be well-founded as the facts alleged in the petition would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial. Accordingly, we grant the petition for writ of prohibition.

SUAREZ and ROTHENBERG, JJ., concur.

SCHWARTZ, Senior Judge

(dissenting).

I do not agree that the statements of the trial judge require his disqualification. See Kopel v. Kopel, 832 So.2d 108 (Fla. 3d DCA 2002)(specially concurring opinion), review denied, 848 So.2d 1154 (Fla.2003).