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20131115_DCA_Writ

20131115_DCA_Writ

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Published by tallahasseeobserver
November 15, 2013 -- Emergency Writ Filed To DCA By Tallahassee Attorney David Chester On Behalf of Doctor Mark Hash. Writ Is Filed To Protect Doctor Mark Hash From Future Hearing Regarding The Bias Of Leon County Kangaroo Court Judge Karen Gievers.
November 15, 2013 -- Emergency Writ Filed To DCA By Tallahassee Attorney David Chester On Behalf of Doctor Mark Hash. Writ Is Filed To Protect Doctor Mark Hash From Future Hearing Regarding The Bias Of Leon County Kangaroo Court Judge Karen Gievers.

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Published by: tallahasseeobserver on Nov 15, 2013
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11/21/2013

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1
IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT OF FLORIDA MARK T. HASH, Petitioner, v. Case No.: 1D13-_____ 
 L.T. No: 2006 DR 0458
RESCHIN MOORE, Respondent.  ____________________________/ EMERGENCY PETITION FOR WRIT OF PROHIBITION
Petitioner, Mark T. Hash, D.O.
(“Dr. Hash” or “Petitioner”)
, by and through the undersigned counsel and pursuant to Florida Rules of Appellate Procedure 9.030(b)(3) and 9.100(e), files this Emergency Petition for Writ of Prohibition (
the Emergency Petition
), respectfully requesting that this Court prohibit the Honorable Karen Gievers
(“Judge
Gievers
” or “the Judge”)
from presiding any longer over the matter below, Case No. 2006 DR 0458, currently pending in the Circuit Court of the Second Judicial Circuit, in and for Leon County, Florida, and as his grounds states as follows:
BASES FOR JURISDICTION
1.
 
At the outset of a November 4, 2013 hearing in the matter below, Dr. Hash moved to disqualify Judge Gievers, pursuant to Fla. R. Jud. Admin. 2.330; §
 
2 38.10, Fla. Stat.; Fla. Code Jud. Cond. Canon 3E; and the Due Process Clauses of the United States and Florida Constitutions.
See
Appendix
 — 
Exhibit 1 (
Dr. Hash’s
verified Motion to Disqualify the Honorable Karen Gievers
) (“the Motion”).
Upon  being handed the Motion, Judge Gievers left the courtroom briefly, then returned with an order denying
Dr. Hash’s Motion
.
See
 Appendix
 — 
Exhibit 2 (Conformed copy of Judge Gievers
 November 4, 2013
Order Denying Father’s Motion to
Disqualify the Honorable Karen Gievers
) (“the Denial”).
Hence, this Court now  possesses jurisdiction to issue the show cause order and, thereafter, the writ of  prohibition for which Dr. Hash hereby petitions. Fla. R. App. P. 9.030(b)(3) and 9.100(e);
 see MacKenzie v. Super Kids Bargain Store, Inc.
, 565 So.2d 1332 (Fla.1990) (providing that prohibition is the proper vehicle by which to challenge a lower court
s denial of a motion to disqualify her);
 see also Bundy v. Rudd 
, 366 So.2d 440 (Fla.1978) (same). 2.
 
Judge Gievers is a formal party to this Petition, notwithstanding that her name has been omitted from the caption hereof, in accordance with Fla. R. App. P. 9.300(e)(1).
NATURE OF THE RELIEF SOUGHT
3.
 
Preliminarily, Dr. Hash seeks
the Court’s expedited
 preliminary review of this Emergency Petition and issuance of an order directing the Respondent to
 
3 show cause why the writ of prohibition herein requested should not issue. Thereafter, Dr. Hash seeks
the Court’s issuance of
a writ of prohibition, directed to the lower court and declaring Judge Gievers disqualified from participation in this matter, prohibiting her from taking any further action in the case below, and instructing the Chief Judge of the Circuit Court for the Second Judicial Circuit to cause the case to be reassigned through the normal, random assignment process. 4.
 
 Dr. Hash respectfully requests that the Court make its preliminary determination of this motion as soon as it is able, and
 prior to the
 
4:00 contempt hearing Judge Gievers is holding this afternoon
 , lest he suffer further grave injury due to her biased treatment of him
.
PROCEDURAL
 
BACKGROUND
5.
 
On November 4, 2013, Dr. Hash filed with the lower court his verified Motion to Disqualify the Honorable Karen Gievers. Appendix
 — 
Exhibit 1 (the Motion). 6.
 
In his Motion, Dr. Hash specifically alleged a variety of facts and reasons constituting sufficient grounds for Judge Gievers to disqualify herself: a river of improper, biased actions, the accumulation of which
1
 gave rise in Dr. Hash
1
As Dr. Hash alleged in Paragraph 2 of his Motion,
[t]he last of [this accumulation of] facts constituting the grounds for this Motion were discovered fewer than ten days prior to the submission of this filing.
 This was not to say that

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