
    Michael HERNANDEZ, Petitioner, v. The STATE of Florida, Respondent.
    No. 3D08-1167.
    District Court of Appeal of Florida, Third District.
    May 21, 2008.
    Arnstein & Lehr, and Richard L. Rosen-baum, Fort Lauderdale, for petitioner.
    Bill McCollum, Attorney General, and Linda Katz, Assistant Attorney General, for respondent.
    Before GREEN, SHEPHERD, and CORTIÑAS, JJ.
   On Motion for Clarification

PER CURIAM.

We grant the State of Florida’s Motion for Clarification, withdraw our order issued May 16, 2008, and substitute the following in its stead.

Petitioner, Michael Hernandez, seeks a writ of prohibition based on the trial judge’s summary refusal to disqualify himself. Because we find that the trial judge’s complained of comments did not rise to the level necessary for disqualification, we deny the petition with prejudice.  