2 38.10, Fla. Stat.; Fla. Code Jud. Cond. Canon 3E; and the Due Process Clauses of the United States and Florida Constitutions.
Exhibit 1 (
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
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
Preliminarily, Dr. Hash seeks
the Court’s expedited
preliminary review of this Emergency Petition and issuance of an order directing the Respondent to