CASHE v. MOXLEY

No. 92-513.

596 So.2d 1145 (1992)

John Christopher CASHE, Petitioner, v. John Dean MOXLEY, Circuit Judge, Etc., Respondent.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 28, 1992.


Attorney(s) appearing for the Case

A. Michael Bross, Cocoa, for petitioner.

No appearance for respondent.


PER CURIAM.

DENIED.

PETERSON and DIAMANTIS, JJ., concur.

W. SHARP, J., concurs specially with opinion.

W. SHARP, Judge, concurring specially.

While I agree the petition for prohibition should be denied, I write to express my reasoning, which is based on procedural grounds, not substantive ones. If the trial judge in fact told an attorney (or any other witness) that the judge could not be fair and impartial in this case for whatever...

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