STANLEY RAINEY, APPELLANT,
v.
CATHERINE RAINEY, APPELLEE
STANLEY RAINEY, APPELLANT,
CATHERINE RAINEY, APPELLEE
702 So. 2d 306
Florida District Court of Appeal, Fifth District (1997)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
Stanley Rainey, pro se, appeals from the order of the circuit judge refusing to disqualify him from presiding over Rainey’s divorce proceeding. We treat the notice of appeal as a petition for writ of prohibition, Puckett v. State, 591 So. 2d 326 (Fla. 5th DCA 1992), and deny the petition. See Hammond v. Eastmoore, 513 So. 2d 770 (Fla. 5th DCA 1987) (motion legally insufficient where no affidavit was included and party did not swear that the facts alleged were true; acknowledgment before notary public insufficient).
PETITION FOR WRIT OF PROHIBITION DENIED.
GOSHORN, THOMPSON and ANTOON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Young v. State, 724 So. 2d 665 (Fla. 5th DCA 1999)…e 3.850, because it is successive. In his first motion, he argued that his counsel was ineffective for having failed to raise the issue of improper scoring of victim injuxy points. We affirmed the trial court’s denial of that motion. Young v. State, 702 So. 2d 306 (Fla. 5th DCA 1997). In this motion, Young claims his counsel was ineffective for failing to investigate the validity of the probation conditions violated by Young. This is a different ground, but successive ineffective assistance of counsel claim…
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Gleb Borisovich Rybkin v. Arina Kirilina (Fla. 5th DCA 2024)…23 order denying his motion for disqualification. Because a petition for writ of prohibition is the proper procedure for appellate review of an order denying a motion to disqualify, we treat that portion of the appeal as such. See Rainey v. Rainey, 702 So. 2d 306 (Fla. 5th DCA 1997). Former Husband challenges the factual findings made by the general magistrate and adopted by the trial court and the court’s subsequent denial of his motion for disqualification. However, the record on appeal contains no transc…
Authorities Cited
- Hammond v. Hon. E.L. Eastmoore, 513 So. 2d 770 (Fla. 5th DCA 1987)
- Puckett v. State, 591 So. 2d 326 (Fla. 5th DCA 1992)
- Christian v. State, 513 So. 2d 770 (Fla. 2d DCA 1987)