C.H., R.H. V. D.H., R.N. & N.N.

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2005 C.H., R.H., GUARDIAN AD LITEM PROGRAM FOR THE ELEVENTH JUDICIAL CIRCUIT, and the FLORIDA DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Petitioners, vs. ** ** ** ** ** D.H., R.N., and N.N., Respondents. CASE NO. 3D05-1919 LOWER TRIBUNAL NO. 98-15399 ** ** Opinion filed September 21, 2005. A Case of Original Jurisdiction Prohibition. Alan I. Mishael; Hillary Kambour, Guardian Ad Litem Program; Veronica Robinson, Florida Dept. of Children and Family Services, for petitioners. Sabatino & Spindel, and Sally Spindel; and Karl Hall, for respondents. Before GREEN, SHEPHERD and SUAREZ, JJ. SHEPHERD, J. Petitioners, R.H. and C.H., temporary custodians of the child, N.N.; representatives of the Guardian Ad Litem Program; and the Florida Department of Children and Family Services, filed an emergency petition for a writ of prohibition. This court issued an order staying any further proceedings in the lower court and for response from any party opposing the relief requested. Upon careful consideration of the response from D.H. and R.N., we grant the petition for writ of prohibition but withhold issuing the formal writ, being certain that the trial court judge will recuse himself issuance of the writ. without the necessity of formal See Ribera v. C.S., 30 Fla. L. Weekly D1945 (Fla. 3d DCA Aug. 17, 2005). Writ granted. 2

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