BERENS v. COBB

No. 89-430.

539 So.2d 24 (1989)

Bruce A. BERENS, Petitioner, v. Honorable Wayne L. COBB, Circuit Judge, Sixth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Second District.

March 3, 1989.


Attorney(s) appearing for the Case

Seymour L. Honig, Tampa, for petitioner.

Stevan T. Northcutt of Levine, Hirsch, Segall & Northcutt, P.A., Tampa, for amici curiae Ralph H. Mandus and Betty B. Mandus.


PER CURIAM.

Petitioner seeks a petition for writ of mandamus and petition for writ of prohibition arising out of the respondent circuit judge's refusal to hear and determine petitioner's motion to dismiss, motion to set aside default and motion to continue jury trial. We deny without prejudice the petition for writ of prohibition and for the reasons discussed below, we grant the petition for writ of mandamus.

In his petition, the petitioner alleges that approximately...

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