STATE, EX REL. CHARLES M. WALL,
v.
JOHN R. HIMES, AS JUDGE OF THE CRIMINAL COURT OF RECORD FOR HILLSBOROUGH COUNTY
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Supreme Court issued a Writ of Prohibition absolute against a judge, finding the grounds for disqualification stronger than in prior cases. The court expedited the decision to avoid further delay.
Yes, the grounds for disqualification were sufficient. The court found the grounds stronger than those in previously decided cases that denied prohibition.
“The grounds stated in the suggestion of disqualification and supporting affidavits in the case are stronger than were the suggestions and supporting affidavits in the above cited cases.”
This quote establishes the court's reasoning for granting the writ, comparing the current case to prior ones.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRelator filed a petition for a writ of prohibition against a judge, supported by affidavits alleging disqualification. The respondent judge demurred t…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Demurrer cases and more on FLexlaw
—-In this case Rule Nisi was issued to the Respondent Judge. Respondent has filed demurrer to the. •petition with prayer for judgment.
Relator has filed motion for writ of Prohibition absolute.
The demurrer to the petition is overruled on authority of the opinions and judgments in the cases of State, ex rel. Brown, et al., v. Dewell, Judge, filed March 1, 1938, reported 179 Sou. 695; and Dickenson v. Parks, Judge, 104 Fla. 577, 140 Sou. 459.
The grounds stated in the suggestion of disqualification and supporting affidavits in the case are stronger than were the suggestions and supporting affidavits in the above cited cases.
Delay of this case longer in this Court for the purpose of preparing an opinion can serve no useful purpose and as all parties appear to be anxious to speed the cause, it is now ordered and adjudged that Writ of Prohibition absolute do now issue.
So ordered.
Ellis, C. J., and Whitfield, Brown, Buford and Chapman, J. J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Dewell, 131 Fla. 566 (Fla. 1938)
- Dickenson v. Parks, 104 Fla. 577 (Fla. 1932)