State Road Department v. Bender

Supreme Court of Florida

State Road Department v. Bender

15 So. 2d 673, 153 Fla. 727, 1943 Fla. LEXIS 750

CourtSupreme Court of Florida

DecidedNovember 24, 1943

StatusPublished

Cited by2 cases

This text of 15 So. 2d 673 (State Road Department v. Bender) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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State Road Department v. Bender, 15 So. 2d 673, 153 Fla. 727, 1943 Fla. LEXIS 750 (Fla. 1943).

Pincite

Opinion

PER CURIAM:

We have considered the record and find that there was no error in denying the petition for order of disqualification because the petition and supporting affidavits fail to meet the requirements of the rule. Suarez v. State, 95 Fla. 42, 115 So. 519.

It appears that both Judges Parks and Sandler have rescued themselves from further judicial action in this case and have requested the Governor to appoint a substitute Circuit Judge to further function as Judge in this cause, as was suggested in McGregor v. Hammock, 101 Fla. 1170, 132 So. 815; Dickenson v. Parks, 104 Fla. 577, 140 So. 459-462.

It is our conclusion that if and when such substitute judge shall have been appointed such judge so appointed will have power and jurisdiction to proceed with the disposition of the cause.

Therefore, the petiton for mandamus is denied.

BUFORD, C. J., TERRELL, CHAPMAN and ADAMS, JJ., concur.

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