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Deloach v. StateDeloach v. State

District Court of Appeal of Florida
Oct 3, 2005
No. 1D05-0676
Versions:
PER CURIAM.

Appellant challenges the denial of his motion to disqualify the trial judge. We reverse. At the hearing, a point in contention was whether the Appellee’s witness qualified as an expert. Before the hearing, the court sua sponte informed Appellant that, during an ex parte meeting, it had advised the Appellee’s witness regarding the steps he needed to take to qualify as an expert, and offered to recuse himself. When Appellant accepted the offer to disqualify, the trial judge should have fulfilled the offer. The restitution order as to at*889torney’s fees is REVERSED, and the case remanded for rehearing before a different judge.

BENTON, POLSTON and HAWKES, JJ., concur.

Case Details

Case Name: Deloach v. State
Court Name: District Court of Appeal of Florida
Date Published: Oct 3, 2005
Citations: 911 So. 2d 888; 2005 WL 2414743; 2005 Fla. App. LEXIS 15626; No. 1D05-0676
Docket Number: No. 1D05-0676
Court Abbreviation: Fla. Dist. Ct. App.
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    Deloach v. State, 911 So. 2d 888