Opinion
No. 1D02-0666.
May 31, 2002.
Petition for Writ of Prohibition — Original Jurisdiction.
Richard E. Zaldivar and Philip D. Parrish, Miami, for petitioner.
Roberto Mendez of Conroy, Simberg, Ganon, Krevans Abel, Hollywood, for respondents White Plastering and Bridgefield Casualty Insurance.
Seth Abrams of Marlow, Connell, Valerius, Abrams, Adler Newman, Fort Lauderdale, for respondents DJ Enterprises and Cunningham Lindsey Claims Management, Inc.
Following the denial of his motion seeking to disqualify the Judge of Compensation Claims (JCC), Ricaurte Fernandez petitions this court for prohibition relief. See Wal-Mart Stores, Inc. v. Carter, 768 So.2d 21 (Fla. 1st DCA 2000) (the remedy for interlocutory review of an order denying judicial disqualification is prohibition). We conclude that the JCC erred in denying the motion to disqualify, and therefore grant the petition for writ of prohibition. On remand, this cause shall be assigned to a different JCC for such further proceedings as may be necessary.
ALLEN, C.J., MINER and BROWNING, JJ., concur.