Jensen v. Hoofe

Pursuant to Rule 4.6, Florida Appellate Rules, 31 F.S.A., the following question has been certified to this court:

“DOES A CIRCUIT JUDGE TO WHOM A CAUSE IS REASSIGNED HAVE JURISDICTION TO HEAR AND RULE UPON A MOTION TO VACATE A DEFAULT JUDGMENT WHEN THE FIRST CIRCUIT JUDGE BEFORE WHOM THE CASE WAS ORIGINALLY PENDING, WHO REFUSED TO VACATE DEFAULT JUDGMENT, HAS BEEN JUDICIALLY PROHIBITED FROM PROCEEDING WITH THE CAUSE BECAUSE OF HIS PREJUDICE?”

We decline to answer the question as the default judgment referred to therein has been before this court previously, and the propriety of refusing to…