STATE EX REL. W. E. BRYAN
v.
PAUL C. ALBRITTON, CIRCUIT JUDGE
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The Florida Supreme Court held that when a rule nisi in prohibition is issued against a circuit judge based on alleged personal disqualification to hear a particular case, it suspends only that judge's power to act in that specific suit, not the court's jurisdiction generally. The Court ruled that the judge becomes "unable" under statutory provisions allowing substitution of judges, and proceedings before that judge must be transferred to a qualified substitute judge.
A rule nisi in prohibition challenging only a judge's personal disqualification suspends only that particular judge's power to act in that specific suit, not the circuit court's jurisdiction generally. The judge thereby becomes "unable" to discharge judicial duties in the pending cause under Section 4348 C.G.L., 2681 R.G.S., and a substitute judge must be appointed to handle proceedings in that cause.
“the effect of the pendency of the prohibition proceeding undisposed of in this Court, is not to operate as a supersedeas in the circuit court, further than to suspend the power of the particularly named respondent judge to act in that suit so long as the prohibition proceeding remains undisposed of by this Court.”
Establishes the limited scope of a rule nisi in prohibition—it suspends only the named judge's authority in the specific case, not the court's overall jurisdiction.
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Join FLexlaw to unlock all legal intelligenceA rule nisi in prohibition was filed against Circuit Judge Paul C. Albritton in a chancery case pending in Sarasota County Circuit Court based on alle…
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Upon the filing of a suggestion by one of the parties to a chancery case pending in the Circuit Court of Sarasota County, this Court issued a rule nisi in prohibition directed to the Hon. Paul C. Albritton, Circuit Judge, commanding him as said judge to show cause why a writ of prohibition should not issue prohibiting him, the said Paul C. Albritton, from further acting as Chancellor in said cause pending in the Circuit Court of Sarasota County.
Where a rule nisi in prohibition does not challenge the jurisdiction of the circuit court itself to continue to act as a judicial tribunal, but goes .only to some alleged personal disqualification of the specified párticular individual, respondent judge to act in a particular cause, the rule having been granted on a showing solely of an alleged personal disqualification on the judge’s part with respect only to a particular suit, as is the case now before us,* the effect of the pendency of the prohibition proceeding undisposed of' in this Court, is not to operate as a supersedeas in'the circuit court, further than to suspend the power of. the particularly named respondent judge to act in that suit so long as the prohibition proceeding remains undisposed of by this Court.
Section 4348 C. G. L., 2681 R. G. S:, providing for substitute of circuit judges where any resident circuit judge is “unable” from any “cause” to discharge any duty pertaining to his office, applies to a circuit judge who, by reason of an undisposed of prohibition proceeding pending against him as respondent on the ground of his alleged personal *144disqualification to perform judicial duties in a particular cause pending in his court, is thereby rendered “unable” to discharge any judicial duties required to be performed by him in the pending cause, during the pendency against him of the proceeding in prohibition.
The petition of the Receiver of the Circuit Court for an order from this Court permitting him as Receiver to shear certain sheep in his charge is therefore denied, without prejudice to such Receiver’s right to present his said petition to some duly qualified circuit judge as provided by Section 4348 C. G. L., 2681 R. G. S., it appearing that said Section of the statute is to be deemed applicable during any period of time the respondent Circuit Judge of Sarasota County shall be, by reason of the prohibition proceeding pending against him in this Court, “unable” to discharge his duty as a circuit judge with respect to the particular controversy pending before him, concerning which the rule nisi in prohibition was awarded in this proceeding.
Ordered accordingly.
Whitfield, Ellis, Terrell, Brown and Buford, J. J., concur.
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State v. Hon. Paul C. Albritton, 114 Fla. 725 (Fla. 1934)…ertain chancery cause on the ground of bias' and prejudice against petitioner. The basis for the writ of prohibition absolute sought in this case was heretofore set forth by this Court in its opinion in the case of State, ex rel. Bryan v. Albritton, 111 Fla. 142, 149 Sou. Rep. 60, this being the original proceeding referred to in that opinion. The present case is' before us on the relator’s suggestion for the writ of prohibition, the rule nisi issued by this Court thereon and the respondent judge’s return w…