PAYLAN v. STATE (2019)

District Court of Appeal of Florida, Second District.

Christina PAYLAN, M. D., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-4963

Decided: January 22, 2019

Based on the court's granting of petitioner's earlier-filed petition for writ of prohibition in case number 2D18-4083, petitioner's motion for rehearing is granted, and the order denying the petition for writ of prohibition in this case, entered on December 19, 2018, is vacated. Petitioner's petition for a writ prohibiting Judge Mark D. Kiser from presiding further in circuit court case number 14-CF-005764 is granted. Accordingly, the chief judge shall immediately appoint a successor judge pursuant to Florida Rule of Judicial Administration 2.215(b)(4). The successor judge may reconsider the disqualified judge's rulings as provided by rule 2.330(f).

Petitioner's motion for rehearing en banc and motion for clarification are denied as moot.

BY ORDER OF THE COURT:

LaROSE, C.J., and SILBERMAN and VILLANTI, JJ., Concur.

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