Carberry v. Carberry, 4D02-3221.

• Decision Date: 13 November 2002
• Docket Number: No. 4D02-3221.,4D02-3221.
• Citation: 830 So.2d 246
• Parties: Corinne CARBERRY, Petitioner, v. Patrick CARBERRY, Respondent.
• Court: Florida District Court of Appeals

830 So.2d 246

Corinne CARBERRY, Petitioner, v. Patrick CARBERRY, Respondent.

No. 4D02-3221.

District Court of Appeal of Florida, Fourth District.

November 13, 2002.

William G. Crawford, Jr. of McDonald & Crawford, P.A., Fort Lauderdale, for petitioner.

No response required for respondent.

PER CURIAM.

We withdraw our order to show cause in this petition for writ of prohibition seeking to disqualify the trial judge from conducting further proceedings in this divorce and custody dispute. While the court may have erred by entertaining the guardian's unsworn motion for change of custody, see section 61.403(6), Florida Statutes (2001) (requiring a guardian to act through counsel), this conduct does not rise to the level requiring disqualification. See generally Harris v. P.S. Mortgage & Inv. Co., 558 So.2d 430, 431 (Fla. 3d DCA 1990) ("[T]he erroneous entry of a prior ex parte order by a trial judge, without more, presents no basis in itself for subsequently disqualifying the trial judge from conducting further proceedings in the case.").

Petition denied.

WARNER, FARMER and STEVENSON, JJ., concur.