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Alma's Italian & Seafood Restaurant v. Jones

Citations: 627 So. 2d 605; 1993 Fla. App. LEXIS 13090; 1993 WL 513582Docket: No. 93-3819

Court: District Court of Appeal of Florida; December 8, 1993; Florida; State Appellate Court

Narrative Opinion Summary

Petitioners requested certiorari relief to annul an order that set their case for trial, sought a writ of mandamus to compel the Judge of Compensation Claims (JCC) to decide on a recusal motion, and requested prohibition to prevent the JCC from overseeing the case. Despite being aware of the recusal issues for some time, petitioners delayed their request until just before the final hearing. The court denied all requests for relief and the motion to consolidate. The decision was concurred by Chief Judge ZEHMER and Judges BARFIELD and KAHN.

Legal Issues Addressed

Certiorari Relief

Application: The court assessed the appropriateness of granting certiorari relief to annul an order setting the case for trial.

Reasoning: Petitioners requested certiorari relief to annul an order that set their case for trial.

Denial of Motion to Consolidate

Application: The court denied the petitioners' motion to consolidate their requests for relief.

Reasoning: The court denied all requests for relief and the motion to consolidate.

Prohibition to Prevent Judicial Oversight

Application: The petitioners requested the court to issue a prohibition preventing the Judge of Compensation Claims from overseeing the case.

Reasoning: Petitioners requested ... prohibition to prevent the JCC from overseeing the case.

Timeliness of Recusal Motion

Application: The court considered the delay by petitioners in filing the recusal motion as a factor in denying relief.

Reasoning: Despite being aware of the recusal issues for some time, petitioners delayed their request until just before the final hearing.

Writ of Mandamus

Application: The petitioners sought a writ of mandamus to compel the Judge of Compensation Claims to decide on a pending recusal motion.

Reasoning: Petitioners ... sought a writ of mandamus to compel the Judge of Compensation Claims (JCC) to decide on a recusal motion.