Supreme Court of Florida

Randy W. Tundidor v. State of Florida

April 13, 2023361 So. 3d 775

Summary

The court treated the petition seeking review of the denial of a judicial-disqualification motion as a petition for a writ of prohibition and held that it had jurisdiction to review the nonfinal order. It concluded that the alleged combination of the judge’s conduct in another capital case and her subsequent interaction with the prosecutor in Tundidor’s case would cause a reasonably prudent person to fear that the proceeding would not be fair and impartial. The court therefore quashed the denial order, granted prohibition, and directed reassignment of the case.