Florida District Courts of Appeal, 1987

Hammond v. Eastmoore

Hammond v. Eastmoore
Florida District Courts of Appeal · Decided December 24, 1987 · Dauksch, Orfinger, Sharp
519 So. 2d 41; 13 Fla. L. Weekly 90; 1987 Fla. App. LEXIS 11706; 1987 WL 3255 (Southern Reporter, Second Series)

Hammond v. Eastmoore

Opinion of the Court

PER CURIAM.

DENIED.

ORFINGER and SHARP, JJ., concur. DAUKSCH, J., concurs specially, with opinion.

Concurring Opinion

DAUKSCH, Judge,

concurring specially.

I agree we should deny the petition for writ of prohibition. The trial judge who recused himself after the first motion for disqualification, Judge Eastmoore, may have acted in a manner differently from the proper way cases are reassigned after recusal, by sending the case to Judge Perry, but that is not a matter for our immediate concern. Perhaps it would have been best for the chief circuit judge to make the reassignment but this court is not concerned with overseeing the day-to-day operation of trial courts’ administration. If petitioner can point to some jurisdictional defect or later show some reversible error then we will intercede.

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