CITY OF KISSIMMEE and PREFERRED GOVERNMENTAL CLAIMS SOLUTIONS v. MARK WEIMER

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CITY OF KISSIMMEE and PREFER- NOT FINAL UNTIL TIME EXPIRES TO RED GOVERNMENTAL CLAIMS FILE MOTION FOR REHEARING AND SOLUTIONS, DISPOSITION THEREOF IF FILED. Petitioners, CASE NO. 1D07-4694 v. MARK WEIMER, Respondent. ______________________________/ Opinion filed December 17, 2007. Petition for Writ of Mandamus -- Original Jurisdiction. Barbara A. Eagan and Michael Broussard of Broussard, Cullen, DeGailer & Eagan, P.A., Orlando, for Petitioners. Mark Weimer, pro se, Respondent. PER CURIAM. We find that the motion for disqualification of the Judge of Compensation Claims was improvidently granted as it was both untimely and did not state facts which would cause a reasonably prudent person to fear that he or she would not get a fair or impartial hearing. Accordingly, the petition for writ of mandamus is granted and the cause is remanded to the Judge of Compensation Claims with directions to withdraw the order of recusal and proceed to a disposition on the merits of the petition for benefits. PETITION GRANTED. BROWNING, C.J., KAHN and ROBERTS, JJ., CONCUR. 2

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