Opinion
No. 89-1789.
November 2, 1989. Rehearing Denied November 22, 1989.
Petition for Writ of Prohibition. A Case of Original Jurisdiction.
Charles E. Davis of Wooten, Honeywell Kest, P.A., Orlando, for petitioner.
Stanton L. Cobb, Orlando, for respondent.
This matter is before the court upon a petition for writ of prohibition. We decline to issue the writ because both parties have informed us that the respondent trial judge has recused himself from the case. Thus the matter is moot.
The petitioner sought a writ of certiorari, improperly, so we treat this as a petition for writ of prohibition; we have accepted the case under the style placed on the petition and see no need to correct the styling to show the name of the trial judge, the true respondent.
We decline to review the order denying a motion to strike an ex parte letter written by a witness to the judge. That letter and the witness can be either disregarded by the new trial judge, or petitioner can cross-examine, attempt to impeach or otherwise deal with the communication within the rules of evidence and civil trial procedure when this matter is considered at final hearing. Should petitioner still feel aggrieved he may then appeal any adverse rulings by way of plenary appeal.
WRIT DENIED.
SHARP and GOSHORN, JJ., concur.