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BARNER v. VOCELLE

No. 92-0321.

596 So.2d 813 (1992)

Mary BARNER, as Guardian and Natural Parent of Joseph Burkes, a minor, and Mary Barner, individually, Petitioners, v. Honorable L.B. VOCELLE, Honorable Paul B. Kanarek, Searcy, Denney, Scarola, Barnhart & Shipley, P.A., Indian River Memorial Hospital, Inc., Richard L. Peter, M.D., Evan B. Tow, D.O., and Coastal Emergency Service, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

April 22, 1992.

Attorney(s) appearing for the Case

Larry Klein and Randy D. Ellison of Klein & Walsh, P.A., West Palm Beach, for petitioners.

Robert A. Butterworth, Atty. Gen., and Rivers Buford, Jr., Asst. Atty. Gen., Dept. of Legal Affairs, Tallahassee, for respondents — Judges L.B. Vocelle and Paul B. Kanarek.

Joel D. Eaton of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for respondent — Searcy, Denney, Scarola, Barnhart & Shipley, P.A.

Gregory F. Reis of Adams, Hill, Reis, Adams & Hall, Orlando, for respondent — Indian River Memorial Hosp.

Michael A. Estes of Woolfolk, Estes, Keought & Jordan, P.A., Orlando, for respondent — Richard L. Peters, M.D.

William Zei of Wicker, Smith, Tutan, O'Hara, McCoy, Graham & Lane, P.A., Fort Lauderdale, for respondents — Evan B. Tow, D.O., and Coastal Emergency Service, Inc.

PER CURIAM.

The application for a writ of mandamus or alternatively, a writ of certiorari, is hereby denied.

POLEN and GARRETT, JJ., concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge, dissenting.

In view of the case law which holds that a client in civil proceedings has a right to choose counsel to represent her, I would grant certiorari relief. See State ex rel. Branch v. DuVal, 249 So.2d 468

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