GLENN W. TURNER, INDIVIDUALLY, AND GLENN W. TURNER ENTERPRISES, INC., RELATOR,
v.
THE HONORABLE RICHARD H. COOPER, AS CIRCUIT JUDGE OF THE NINTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA, RESPONDENT
This matter is before us upon Relator’s Suggestion For Writ of Prohibition and Respondent’s Return.
Sought is the disqualification of Judge in a certain pending law suit because certain litigants have a pending suit against that judge in person for damages, which circumstance prompts the litigants to believe they would not receive a fair trial.
We have carefully reviewed the proceedings and pleadings in the light of the requirements of Section 38.10, F.S.1971, F.S.A., and believe they are legally sufficient to support disqualification, and authorize the issuance of our Writ of Prohibition. Mank v. Hendrickson, Fla.App. 1967, 195 So.2d 574.
It is our judgment that the Writ of Prohibition absolute issue.
It is so ordered.
REED, C. J., and WALDEN and OWEN, JJ., concur.
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Phillips v. State, 270 So. 2d 405 (Fla. 3d DCA 1972)…rsuant to Rule 3.190 (c)(4), CrPR, 33 F.S.A.1 We have reviewed the record as required to decide the point addressed to the sufficiency of the evidence. The proof of appellant’s guilt is full and convincing. Davis v. State, Fla.App.1972, 3rd D.C.A., 267 So. 2d 85, filed October 10, 1972. The second point does not present reversible error because appellant’s motion which was presented at the onset of trial was untimely. Nevertheless, we have considered the motion on its merits and find that the trial court w…
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Rabreau v. State, 269 So. 2d 64 (Fla. 3d DCA 1972)…sion leading to the consummation of the crime. Even though no point is directed to the sufficiency of the evidence, we have read the record and find that the proof of guilt is clear and convincing as to each appellant. Davis v. State, Fla.App.1972, 267 So. 2d 85. The question thus is simply whether the appellants received a fair trial under the applicable law. In argument, the appellants imply a pretrial request for the name of the confidential informer. The record fails to support this implication. The fi…
Authorities Cited
- Miles B. Mank II v. Hendrickson, 195 So. 2d 574 (Fla. 4th DCA 1967)