From Casetext: Smarter Legal Research

Levine v. Crosby

District Court of Appeal of Florida, Fifth District
Nov 22, 1989
552 So. 2d 244 (Fla. Dist. Ct. App. 1989)

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.


Summaries of

Levine v. Crosby

District Court of Appeal of Florida, Fifth District
Nov 22, 1989
552 So. 2d 244 (Fla. Dist. Ct. App. 1989)
Case details for

Levine v. Crosby

Case Details

Full title:LEONARD JAY LEVINE, PETITIONER, v. ELAINE LOUISE CROSBY, RESPONDENT

Court:District Court of Appeal of Florida, Fifth District

Date published: Nov 22, 1989

Citations

552 So. 2d 244 (Fla. Dist. Ct. App. 1989)