Opinion
No. 5D00-2460.
Opinion filed November 17, 2000.
Petition for Writ of Prohibition, Joseph P. Baker, Respondent Judge.
John Edwin Fisher, Steven M. Fahlgren and Joseph Tamborello, Jr. of Fisher, Rushmer, Werrenrath, Dickson, Talley Dunlap, P.A., Orlando, for Petitioner.
Honorable Joseph P. Baker, Respondent.
Philip J. Snyderburn and William M. Rishoi of Snyderburn, Rishoi Swann, Winter Park, for Respondents Samson Mong Wu, et al.
Douglas C. Spears of Stump, Storey Callahan, P.A., Orlando, for Respondent Jack Caruso.
The petitioner herein seeks a writ of prohibition directed to the trial court. Upon due consideration, the petition is DENIED.
Cobb and Sawaya, JJ., Concur.
Griffin, J., Dissents, with opinion.
Though a close question, I would not have favored prohibition based solely on the matters contained in the motion to disqualify and the petition for writ of certiorari. The response filed by the trial judge has convinced me, however, that the atmosphere that has been created is unfair to petitioners and they should have a new judge. J J Inds., Inc. v. Carpet Showcase, Inc., 723 So.2d 281 (Fla. 2d DCA 1998).