District Court of Appeal of Florida

A judgment granting a petition for writ of prohibition, which had sought disqualification of all department non-lawyer hearing officers in connection with a DUI matter, is reversed and the matter is remanded for denial of the petition without prejudice as to the merits of the claims, where the letter/motion for recusal was legally insufficient to support prohibition as it was not filed with the hearing officer before whom the case was pending, and it sought relief beyond the scope of the recusal rule.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• STONE, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bill McCollum, Attorney General, Christopher M. Kise, Solicitor General, and James A. McKee, Deputy Solicitor General, Tallahassee, for appellant.


• For Appellees:
  
• Samuel S. Fields and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellee.