ALLEN v. HOMES & LAND PUB., LTD.

No. 98-3425

721 So.2d 1216 (1998)

Edward P. ALLEN, Jr., Petitioner, v. HOMES & LAND PUBLISHING, LTD., a Florida Limited partnership, Respondent.

District Court of Appeal of Florida, First District.

December 17, 1998.


Attorney(s) appearing for the Case

Edgar C. Booth, Esquire, and J. Wiley Horton, Esquire, of Booth & Horton, Tallahassee, for petitioner.

Lorence Jon Bielby, Esquire, of Greenberg, Traurig, Tallahassee, and John F. Dienelt, Esquire, Ellen R. Lokker, Esquire, and Margaret E.K. Middleton, Esquire, of Hogan & Hartson, Washington, D.C., for respondent.


PER CURIAM.

Petitioner Edward P. Allen, Jr., sought the disqualification of Circuit Judge P. Kevin Davey on the ground that the attorney who represented Allen in the circuit court litigation had once testified for Davey's adversary in a civil action between Davey and a former law partner. The motion to disqualify was denied without comment, Allen petitioned this court for a writ of prohibition, and a show cause order issued.

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