District Court of Appeal of Florida November 25, 1998, No. 97-3367 (Eubanks v. Gerwen)

SHAHOOD, J.

Howard Eubanks, Sr. (“Eubanks”) timely appeals after his complaint for malicious prosecution against appellees was dismissed based on the doctrines of res judicata and/or collateral estoppel. He primarily argues that the trial judge should have disqualified herself from presiding over this case before trial. We agree and reverse.