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STATE EX REL. SLORA v. WESSEL

No. 81-1386.

403 So.2d 496 (1981)

STATE of Florida ex rel., Roger C. SLORA, Petitioner, v. John D. WESSEL, as Circuit Judge of the Fifteenth Judicial Circuit, in and for Palm Beach County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied August 21, 1981.

Attorney(s) appearing for the Case

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Bogen, Asst. Atty. Gen., West Palm Beach, for petitioner.

Edna L. Caruso, West Palm Beach, for respondent.

PER CURIAM.

The petition for writ of prohibition is denied. Motion for rehearing, if any, must be filed by noon, Friday, August 21, 1981.

LETTS, C.J., and HERSEY, J., concur.

HURLEY, Judge, concurring specially.

I concur with the court's determination because, in my view, the petitioner has failed to demonstrate that the trial judge is a "material witness," i.e., that he possesses relevant information "going to some fact affecting the merits...

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