POUNDS v. STATE (2019)

District Court of Appeal of Florida, Third District.

Wade POUNDS, Petitioner, v. The STATE of Florida, Respondent.

No. 3D19-1165

Decided: July 17, 2019

Before SALTER, MILLER, and GORDO, JJ.

Wade Pounds, in proper person. Ashley Moody, Attorney General, for respondent the State of Florida.

We treat the instant appeal as a petition for writ of prohibition. See Benitez v. Benitez, 272 So.3d 529, 2019 WL 1646113 (Fla. 3d DCA Apr. 17, 2019); Eato v. State, 7 So.3d 633 (Fla. 3d DCA 2009). As the trial court properly denied the disqualification motion as legally insufficient, we hereby deny the petition for writ of prohibition. See Fla. R. Jud. Admin. 2.330(f) (“If any motion is legally insufficient, an order denying the motion shall immediately be entered.”); see also Thompson v. State, 759 So.2d 650, 659 (Fla. 2000) (“[T]he fact that a judge has ruled adversely to the party in the past does not constitute a legally sufficient ground for a motion to disqualify.”) (citations omitted).

Petition denied.

MILLER, J.

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