J. E. PEACOCK
v.
HERBERT B. FREDERICK, AS JUDGE OF THE SEVENTH JUDICIAL CIRCUIT, VOLUSIA COUNTY
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The Florida Supreme Court granted a writ of prohibition, preventing a circuit court judge from acting further in a case where the petitioner had properly followed the statutory procedure for disqualifying the judge. The court relied on precedent to issue the absolute prohibition.
Yes, the petitioner properly followed the statutory procedure for disqualification. Therefore, a writ of prohibition absolute is granted, prohibiting the respondent judge from further action in the case other than entering an order of disqualification.
“it appearing therefrom that petitioner has duly pursued the procedure provided for in Section 4341 C. G. L.,'2674 R. G. S., for the disqualification of respondent to act as Judge in the cause described in the rule nisi heretofore issued”
This quote establishes the factual basis for the court's decision, confirming the petitioner's adherence to the disqualification procedure.
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Join FLexlaw to unlock all legal intelligenceThe petitioner sought to disqualify the respondent judge from presiding over a case. The petitioner followed the procedure outlined in Section 4341 C.…
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— Return to the rule nisi in prohibition having been made and it appearing therefrom that petitioner has duly pursued the procedure provided for in Section 4341 C. G. L.,'2674 R. G. S., for the disqualification of respondent to act as Judge in the cause described in the rule nisi heretofore issued, it is thereupon ordered, on authority of Dickenson v. Parks, 104 Fla. 577, 140 Sou. Rep. 459, text page 462, that the writ of prohibition absolute prohibiting the respondent H. B. Frederick, as Judge of the Circuit Court of the Seventh Judicial Circuit in and for Volusia County, from further acting or making any order or decree other than an order of disqualification in the cause referred to and described in'the rule nisi heretofore issued in this proceeding, be granted.
Prohibition awarded.
Whitfield, C. J., and Ellis, Terrell, Brown, Buford and Davis, J. J., concur.
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Citator
Cited By
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Scussel v. Kelly, 152 So. 2d 767 (Fla. 2d DCA 1963)…aled have relation to the attitude of mind of the judge to the defendant in the inferior court, and are not [*777] frivolous or fanciful, they are sufficient to meet the command of the statute.” Similarly, in the case of Peacock v. Frederick, 1936, 125 Fla. 414, 170 So. 129, which was an original proceeding by J. E. Peacock for a writ of prohibition directed to the Honorable Herbert B. Frederick, as Judge of the Seventh Judicial Circuit in and for Volusia County, Florida, the Supreme Court, in a Per Curiam…
Authorities Cited
- Dickenson v. Parks, 104 Fla. 577 (Fla. 1932)