Legal Opinion

Wishoff v. Polen

District Court of Appeal of Florida

Decided May 1, 1985No. 85-228PublishedCited by 3 opinions

1Per curiam

We grant the husband’s motion to intervene in these proceedings, whereby the wife seeks prohibition to disqualify the trial judge and to vacate the final judgment entered in the dissolution proceedings.

We grant the petition insofar as it requests the disqualification of the trial judge from further consideration of this cause.1 Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981); § 38.10, Fla.Stat. (1983). Since the final judgment was entered after petitioner filed her motion for disqualification, it must be vacated.

As our supreme court held in State ex rel. Davis v. Parks, 141 Fla. 516,…

2Cases cited3 opinions

  1. Hayslip v. DouglasDistrict Court of Appeal of Florida · 1981
  2. State Ex Rel. Davis v. ParksSupreme Court of Florida · 1939
  3. Weiner v. WeinerDistrict Court of Appeal of Florida · 1982

3Cited by3 opinions

  1. Fischer v. KnuckSupreme Court of Florida · 1986
  2. AIRBORNE CABLE TV., INC. v. Storer Cable TV of Fla., Inc.District Court of Appeal of Florida · 1992
  3. Mt. Sinai Medical Center v. BrownDistrict Court of Appeal of Florida · 1986

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