Newell v. Kirkland

District Court of Appeal of Florida

Newell v. Kirkland

700 So. 2d 807, 1997 Fla. App. LEXIS 12220, 1997 WL 677287

CourtDistrict Court of Appeal of Florida

DecidedOctober 31, 1997

DocketNo. 97-2476

StatusPublished

This text of 700 So. 2d 807 (Newell v. Kirkland) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Newell v. Kirkland, 700 So. 2d 807, 1997 Fla. App. LEXIS 12220, 1997 WL 677287 (Fla. Ct. App. 1997).

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Opinion

GRIFFIN, Chief Judge.

The petition for writ of prohibition is denied as legally insufficient. Petitioner claims that the trial court judge in the instant case should be prohibited from proceeding in this ease because he was the presiding judge in the earlier probate proceeding involving her deceased husband. However, she fails to relate any facts or explain how or why the trial judge’s involvement in the earlier probate proceeding might now cause him to be biased against her in the instant case. Moreover, there is no indication that petitioner has brought this matter to the attention of the lower court by a motion to disqualify.

DENIED.

GOSHORN, J., concurs. DAUKSCH, J., concurs in result only.

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GRIFFIN, Chief Judge.

The petition for writ of prohibition is denied as legally insufficient. Petitioner claims that the trial court judge in the instant case should be prohibited from proceeding in this ease because he was the presiding judge in the earlier probate proceeding involving her deceased husband. However, she fails to relate any facts or explain how or why the trial judge’s involvement in the earlier probate proceeding might now cause him to be biased against her in the instant case. Moreover, there is no indication that petitioner has brought this matter to the attention of the lower court by a motion to disqualify.

DENIED.

GOSHORN, J., concurs. DAUKSCH, J., concurs in result only.

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Bluebook (online)

700 So. 2d 807, 1997 Fla. App. LEXIS 12220, 1997 WL 677287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newell-v-kirkland-fladistctapp-1997.