IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT
L.T. CASE NO: 96-13281
SILA NICHOLSON, Petitioner,
MICHAEL NICHOLSON, Respondent.
EMERGENCY PETITIONER FOR WRIT OF PROHIBITION
Petitioner, SILA NICHOLSON, seeks a Writ of Prohibition in the above case, requesting this Court to issue an order Prohibiting the HONORABLE LAWRENCE L. KORDA, from excercising any further jurisdiction in SILA NICHOLSON v. MICHAEL NICHOLSON, case No.: 96 13281 Broward Country Circuit Court Family Division. Specifically, Petitioner requests this Court to Reverse the trial courts order denying Petitioner's Motion for Disqualification of Judge, and to direct the Court to enter an order Disqualifying himself from all further proceedings in this case.
Petitioner is SILA NICHOLSON, a defendant in the family division of the Seventeenth Judicial Circuit, case NO: 96 13281. Respondent, is MICHAEL NICHOLSON. The Honjorable Lawrence L. Korda, is the trial court judge Presiding over Petitioner's case and who denied Peititioner's Motion for Disqualification.
In this Petitioner, Petitioner will be referred to as such. Respondent will be referred to as such. The Honorable Lawrence L. Korda, will be referred to as "trial court" or "trial judge." The symbol "A" in this Petitioner refers to the Appendix "A" attached hereto for the Hearing of October 29,1999.
Petitioner styled as an Emergency the Petition because the trial court placed certain restricitons and conditions on the visitation rights between Petitioner and her minor daughter which were "not supported" by substantital nor competent evidence. In fact, the effect or the Final Judgement regarding Petitioner's and her child's visitation rights with each other give the Respondent complete control over all decisions concerning visitation, and with respect to the child's welfare, which Undermines the intent of the child custody Statutes regarding Shared Parental responsibility Section 61.13, Florida Statutes. Petitioner requests, after appropriate response from opposing counsel, that this Court issue a Writ of Prohibition, prohibiting the trial court from exercising any jurisdiction in Nicholson v. Nicholson, Case No: 96 13281, beyond entering an order Disqualifying istelf from All further proceedings with, this victim of domestic violence since 1992.
This Honorable Court has jurisdiction pursuant to Article V. Section 4 (b) of the Florida Constitution and Bundy v. Rudd, 366 So. 2d 440 (FLA. 1978), wherein the FLorida Supreme Court held that Prohibition is an appropriate remedy to prevent judicial action when the judge is disqualified. The Due Process Clause of the United States Constitution guarantees an accused the right to be tried before an impartial disinterested Judicial Officer. Aetna Life ins. Co. V. Lavoie, 475 US. 813 (1986). Likewise, this Court has ruled that Prohibition is the proper Remedy in judicial disqualification cases. Jackson v. KORDA, 402. So. 2d 1362 (Fla. 4th DCA 1981): State v. Schack, 617 So. 2d 832 (Fla. 4th DCA 1993).
The trial court committed an Egregious error in denying Petitioners Motion to Disqualify the trial judge, since his remarks have Destroyed Petitioners hopes for a fair hearing. The trial courts Actions are more Disturbiong with its Admission that it was not aware of settings and cancelling of alleged hearings by the Peititioner, and that the Motion was legally insufficient. Instead of simply disqualifying himself to Preserve the integrity of the bench, the trial Court.
Certificate of service
18 pages total.