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267 So. 2d 85

Turner v. Cooper

District Court of Appeal of Florida

Decided September 13, 1972

District Court of Appeal of Florida · decided 1972-09-13

Relies on Mank v. Hendrickson

Decided 1972-09-13

PER CURIAM.

¶1This matter is before us upon Relator’s Suggestion For Writ of Prohibition and Respondent’s Return.

¶2Sought is the disqualification of Judge in a certain pending law suit because certain litigants have a pending suit against that judge in person for damages, which circumstance prompts the litigants to believe they would not receive a fair trial.

¶3We have carefully reviewed the proceedings and pleadings in the light of the requirements of Section 38.10, F.S.1971, F.S.A., and believe they are legally sufficient to support disqualification, and authorize the issuance of our Writ of Prohibition. Mank v. Hendrickson, Fla.App. 1967, 195 So.2d 574.

¶4It is our judgment that the Writ of Prohibition absolute issue.

¶5It is so ordered.

REED, C. J., and WALDEN and OWEN, JJ., concur.
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