State Ex Rel. v. Parks, (1939)
Court: Supreme Court of Florida
Number:
Visitors: 12
Judges: TERRELL, C. J.
Attorneys: E.V. Whitaker, W.B. Dickenson and W.B. Dickenson, Jr., for Relator;
Ray C. Brown, Chester H. Ferguson, McKay, Macfarlane, Jackson Ramsey, for Respondent.
Filed: Sep. 26, 1939
Latest Update: Mar. 02, 2020
Summary: On petition of relator, a rule nisi in prohibition was issued from this Court directed to respondent commanding him to desist from exercising further jurisdiction in a certain cause pending in the Circuit Court of Hillsborough County wherein relator was the plaintiff and Karl B. Cuesta was defendant. The petition and supporting affidavits were predicated on prejudice of the trial judge to both relator and his counsel. A return to the rule nisi challenges the sufficiency of the affidavit of disqu
Summary: On petition of relator, a rule nisi in prohibition was issued from this Court directed to respondent commanding him to desist from exercising further jurisdiction in a certain cause pending in the Circuit Court of Hillsborough County wherein relator was the plaintiff and Karl B. Cuesta was defendant. The petition and supporting affidavits were predicated on prejudice of the trial judge to both relator and his counsel. A return to the rule nisi challenges the sufficiency of the affidavit of disqua..
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I agree whole-heartedly with the observations of the learned Chief justice on the importance of fair trials by impartial judges but I feel that the relator has completely failed to comply with the rules which the Legislature has prescribed to disqualify judges on the ground of prejudice; therefore, I dissent.
Source: CourtListener
