PHYLLIS C. RANKIN AND THEODORE H. RANKIN, PETITIONERS,
v.
HONORABLE WILLIAM F. EDWARDS, CIRCUIT COURT, FIFTH JUDICIAL CIRCUIT, RESPONDENT

Fla. 5th DCA | 1985-04-25
No. 85-465
COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.
467 So. 2d 820 Florida District Court of Appeal, Fifth District (1985) Positive Treatment
Cited by 2 cases

Opinion of the Court
DAUKSCH, Judge.

DAUKSCH, Judge.

This matter is before us upon a petition for writ of prohibition and a “Preliminary Response.” Based upon those pleadings and the appendix to the petition, the writ is granted. The declaration of the respondent that he cannot honestly and fairly try a case with a particular attorney is sufficient to have him grant, without further hearing, a motion for recusal. It is apparent from the record provided by the petitioners, which is unrefuted by the response, that respondent should not preside over any cases involving the law firm of Maher, Overchuck, Langa and Lobb. Thus, he is hereby prohibited from doing so in this case.

Writ granted.

COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.


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  • Brooks v. Herndon Ambulance Serv., Inc., 475 So. 2d 1319 (Fla. 5th DCA 1985)
    …striking paragraph 30(a), and entering partial summary-judgment for defendant are reversed, and the cause is remanded for further proceedings, which we direct to be conducted before another judge of the Fifth Judicial Circuit. See Rankin v. Edwards, 467 So. 2d 820 (Fla. 5th DCA 1985). REVERSED and REMANDED. DAUKSCH, J., and KIRKWOOD, L.R., Associate Judge, concur.…

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