DONALD MICHAEL GOREY, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Barwick v. State, 660 So. 2d 685 (Fla. 1995)
  …motion to disqualify. In support of its position, the State relies on Obanion v. State, 496 So. 2d 977 (Fla. 3d DCA 1986), review denied, 504 So. 2d 768 (Fla.1987), and Justice Anstead’s concurring opinion in DeGennaro v. Janie Dean Chevrolet, Inc., 600 So. 2d 44 (Fla. 4th DCA 1992), which recognize that a denial of a petition for writ of prohibition in those districts should henceforth constitute a ruling on the merits unless otherwise indicated. Prior to these decisions, the Fourth and Third Districts, lik…
• Sumner v. Selma R. Sumner, 707 So. 2d 934 (Fla. 2d DCA 1998)
  …. See also Nordqvist v. Nordqvist, 586 So. 2d 1282 (Fla. 3d DCA 1991); Freeman v. State, 554 So. 2d 621 (Fla. 3d DCA 1989). This position was subsequently endorsed by Judge Anstead in a concurring opinion in DeGennaro v. Janie Dean Chevrolet, Inc., 600 So. 2d 44 (Fla. 4th DCA 1992). The Florida Supreme Court commented approvingly of the Obanion result and the concurrence in DeGennaro, but declined to adopt it in Barwick v. State, 660 So. 2d 685, 690-91 (Fla.1995). In 1997 the Fourth District joined the Thi…
• Hobbs v. State, 689 So. 2d 1249 (Fla. 4th DCA 1997)
  …emedy. Brown v. Rowe, 96 Fla. 289, 118 So. 9 (1928). Accordingly, the writ of prohibition must issue directing respondent to disqualify himself in all proceedings presently pending against the petitioner. In DeGennaro v. Janie Dean Chevrolet, Inc., 600 So. 2d 44 (Fla. 4th DCA 1992), in which the majority affirmed without opinion, this court had earlier denied a petition for writ of prohibition. Judge Anstead, in a specially concurring opinion, observed that district courts of appeal must consider petitions…

Authorities Cited

• Puffinberger v. State, 581 So. 2d 897 (Fla. 1991)
• In re Standard Jury Instructions Crim. Cases-No. 90-1, 579 So. 2d 75 (Fla. 1990)
• Lucio John Salas v. State, 544 So. 2d 1040 (Fla. 4th DCA 1989)