Rainey v. Rainey

Full title: STANLEY RAINEY, APPELLANT, v. CATHERINE RAINEY, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 19, 1997

702 So. 2d 306 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 97-419

Opinion filed December 19, 1997

Appeal from the Circuit Court for Marion County, Victor J. Musleh, Judge.

Stanley Rainey, Summerfield, pro se.

No Appearance for Appellee.

PER CURIAM.

Stanley Rainey, pro se, appeals from the order of the circuit judge refusing to disqualify him from presiding over Rainey's divorce proceeding. We treat the notice of appeal as a petition for writ of prohibition, Puckett v. State, 591 So.2d 326 (Fla. 5th DCA 1992), and deny the petition. See Hammond v. Eastmoore, 513 So.2d 770 (Fla. 5th DCA 1987) (motion legally insufficient where no affidavit was included and party did not swear that the facts alleged were true; acknowledgment before notary public insufficient).

PETITION FOR WRIT OF PROHIBITION DENIED.

GOSHORN, THOMPSON and ANTOON, JJ., concur.