PALETTI v. CORBIN

PER CURIAM.

In a timely motion, petitioner Tim Paletti sought the disqualification of Acting Circuit Judge David E. Bembry on grounds of bias. We find that the facts of that motion, taken as true as they must be pursuant to Florida Rule of Judicial Administration 2.160(f), were sufficient to establish that a reasonably prudent person would fear that he would not receive a fair and impartial hearing before the judge. Denial of the motion was therefore error and we grant the petition for writ of prohibition, directing Judge Bembry to enter an order of recusal from further presiding over the cause in the lower tribunal.

PETITION GRANTED.

JOANOS and DAVIS, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.