RICAURTE FERNANDEZ, PETITIONER,
v.
WHITE PLASTERING, BRIDGEFIELD CASUALTY INSURANCE, DJ ENTERPRISES AND CUNNINGHAM LINDSEY, RESPONDENTS
RICAURTE FERNANDEZ, PETITIONER,
WHITE PLASTERING, BRIDGEFIELD CASUALTY INSURANCE, DJ ENTERPRISES AND CUNNINGHAM LINDSEY, RESPONDENTS
816 So. 2d 1234
Florida District Court of Appeal, First District (2002)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Following the denial of his motion seeking to disqualify the Judge of Compensation Claims (JCC), Ricaurte Fernandez petitions this court for prohibition relief. See Wal-Mart Stores, Inc. v. Carter, 768 So. 2d 21 (Fla. 1st DCA 2000)(the remedy for interlocutory review of an order denying judicial disqualification is prohibition). We conclude that the JCC erred in denying the motion to disqualify, and therefore grant the petition for writ of prohibition. On remand, this cause shall be assigned to a different JCC for such further proceedings as may be necessary.
ALLEN, C.J., MINER and BROWNING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Leone v. F.J.M. Constr. & Ohio Cas. Grp., 911 So. 2d 1285 (Fla. 1st DCA 2005)…court for a writ of prohibition, challenging an order of Judge of Compensation Claims Doris Jenkins which denied Leone’s motion to disqualify Judge Jenkins on grounds of bias against his counsel. We have jurisdiction. Fernandez v. White Plastering, 816 So. 2d 1234 (Fla. 1st DCA 2002). After a dispute arose over scheduling a hearing on a motion to vacate a merits order in Leone’s workers’ compensation case, a motion to disqualify was filed which was based primarily upon disparaging remarks allegedly made to…
Authorities Cited
- Wal-Mart Stores, Inc. v. Carter, 768 So. 2d 21 (Fla. 1st DCA 2000)