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Otis D. BLAXTON, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal2012-03-26No. No. 1D11-6308
85 So. 3d 1150

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Opinion

majority opinion

PER CURIAM.

Because the trial court properly treated Appellant’s “Petition for Writ of Mandamus: Contesting Judge Michael G. Allen’s Prejudice” as a motion for disqualification, we treat Appellant’s appeal as a writ of prohibition. See Fla. R.App. P. 9.040(c); see also Sutton v. State, 975 So.2d 1073, 1076 (Fla.2008) (“[Pjrohibition is ... clearly recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.”). The petition for writ of prohibition is denied on the merits.

DAVIS, THOMAS, and RAY, JJ., concur.