MICALE v. POLEN

No. 4-86-0076.

487 So.2d 1126 (1986)

Charles A. MICALE, Petitioner, v. The Honorable Mark E. POLEN, Judge of the Seventeenth Judicial Circuit in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 21, 1986.


Attorney(s) appearing for the Case

Stephen Lubow, Miami, for petitioner.

S. Robert Zimmerman, Pompano Beach, and Gerald Mager of Abrams, Anton, Robbins, Resnick, Schneider & Mager, P.A., for Barbara A. Micale.


DOWNEY, Judge.

In this domestic relations case we have an anomalous situation in which the trial judge granted the wife's motion to disqualify him and the husband now seeks, in this court, by an original proceeding in mandamus, to require the judge to vacate the order of disqualification and to hear and decide the case in the trial court. Although in the name of expediency we might well simply deny the petition and cite State ex rel. Palmer v. Atkinson, 116...

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