CHERRINGTON V. FL DEPT. OF REVENUE

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Third District Court of Appeal State of Florida, July Term, A.D. 2011 Opinion filed December 14, 2011. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D11-2733 Lower Tribunal No. 10-3265 ________________ Kareef Cherrington, Petitioner, vs. State of Florida Department of Revenue o/b/o Jeanine Santiago, Respondent. A Case of Original Jurisdiction Prohibition. Martin Genet, for petitioner. No appearance for respondent. Before CORTIÃ AS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge. PER CURIAM. Upon consideration of petitioner s application for prohibition seeking the disqualification of the trial judge, this Court issued a rule to show cause why that relief should not be granted. Neither the respondent, who was ordered, nor the trial judge, who was invited to do so, has replied. Upon consideration, we conclude that the petition for prohibition should be and is hereby granted. We are sure that it will not be necessary to issue the formal writ. Prohibition granted. 2

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