Florida District Courts of Appeal, 1985

Rankin v. Edwards

Florida District Courts of Appeal · Decided April 25, 1985 · Church, Cobb, Dauksch, Frank

467 So. 2d 820; 10 Fla. L. Weekly 1038; 1985 Fla. App. LEXIS 13666 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Brooks v. Herndon Ambulance Service, Inc. (Fla. Dist. Ct. App. 1985)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

DAUKSCH, Judge.

This matter is before us upon a petition for writ of prohibition and a “Preliminary Response.” Based upon those pleadings and the appendix to the petition, the writ is granted. The declaration of the respondent that he cannot honestly and fairly try a case with a particular attorney is sufficient to have him grant, without further hearing, a motion for recusal. It is apparent from the record provided by the petitioners, which is unrefuted by the response, that respondent should not preside over any cases involving the law firm of Maher, Overchuck, Langa and Lobb. Thus, he is hereby prohibited from doing so in this case.

Writ granted.

COBB, C.J., and FRANK D. UP-CHURCH, Jr., J., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.