CHARLENE BIRCH, PETITIONER,
v.
MICHAEL BABSTOCK, RESPONDENT

Fla. 5th DCA | 2006-06-16
No. 5D06-710
SHARP, W., GRIFFIN and LAWSON, JJ., concur.
931 So. 2d 245 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We grant the petition for writ of prohibition filed by the Petitioner, Charlene Birch, seeking to prohibit Judge Margaret T. Waller from presiding further in the paternity petition below. Birch’s motion for disqualification sets forth facts which, if taken as true, are legally sufficient grounds for disqualification of Judge Waller pursuant to Florida Rule of Judicial Administration 2.160.1

The petition for writ of prohibition is granted. We withhold issuing a writ, as we assume trial court compliance.

PETITION GRANTED.

SHARP, W., GRIFFIN and LAWSON, JJ., concur. . The Respondent, Michael Babstock, declined the opportunity to show cause why this petition should not be granted.


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