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JENSEN v. HOOFE

No. 66-117.

184 So.2d 696 (1966)

A. Paul JENSEN, Keith D. Jensen, Individually, and Clare M. Jensen, Keith D. Jensen and Andrew Paul Jensen, As Co-Executors of the Estate of A.P. Jensen, Deceased, Plaintiffs and Counter-Defendants, v. William J. HOOFE and William J. Hoofe, III, Defendants and Counter-Plaintiffs.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 20, 1966.

Attorney(s) appearing for the Case

Frates, Fay, Floyd & Pearson, Miami, for plaintiffs and counter-defendants.

Joseph J. Gersten, L.J. Cushman, Miami, for defendants and counter-plaintiffs.

Before HENDRY, C.J., and BARKDULL and SWANN, JJ.

PER CURIAM.

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?...

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