Fernandez v. White Plastering

District Court of Appeal of Florida

Fernandez v. White Plastering

816 So. 2d 1234, 2002 Fla. App. LEXIS 7648, 2002 WL 1085028

District Court of Appeal of Florida·Decided May 31, 2002·No. No. 1D02-0666·Published·Cited by 1 cases

Opinion

PER CURIAM.

Following the denial of his motion seeking to disqualify the Judge of Compensation Claims (JCC), Ricaurte Fernandez petitions this court for prohibition relief. See Wal-Mart Stores, Inc. v. Carter, 768 So.2d 21 (Fla. 1st DCA 2000)(the remedy for [1235]*1235interlocutory review of an order denying judicial disqualification is prohibition). We conclude that the JCC erred in denying the motion to disqualify, and therefore grant the petition for writ of prohibition. On remand, this cause shall be assigned to a different JCC for such further proceedings as may be necessary.

ALLEN, C.J., MINER and BROWNING, JJ., concur.

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PER CURIAM.

Following the denial of his motion seeking to disqualify the Judge of Compensation Claims (JCC), Ricaurte Fernandez petitions this court for prohibition relief. See Wal-Mart Stores, Inc. v. Carter, 768 So.2d 21 (Fla. 1st DCA 2000)(the remedy for [1235]*1235interlocutory review of an order denying judicial disqualification is prohibition). We conclude that the JCC erred in denying the motion to disqualify, and therefore grant the petition for writ of prohibition. On remand, this cause shall be assigned to a different JCC for such further proceedings as may be necessary.

ALLEN, C.J., MINER and BROWNING, JJ., concur.

Fernandez v. White Plastering, 816 So. 2d 1234, 2002 Fla. App. LEXIS 7648, 2002 WL 1085028 (Fla. Ct. App. 2002).

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