Allen v. Homes & Land Publishing, Ltd.

Petitioner Edward P. Allen, Jr., sought the disqualification of Circuit Judge P. Kevin Davey on the ground that the attorney who represented Allen in the circuit court litigation had once testified for Davey’s adversary in a civil action between Davey and a former law partner. The motion to disqualify was denied without comment, Allen petitioned this court for a writ of prohibition, and a show cause order issued.

Having now considered the response filed on behalf of respondent Homes & Land Publishing, Ltd., which opposes Allen in the circuit court pending litigation, we find that the motion…