State ex rel. Locke v. Sandler
Court | United States State Supreme Court of Florida |
Citation | 156 Fla. 136,23 So.2d 276 |
Parties | STATE ex rel. LOCKE v. SANDLER, Circuit Judge. |
Decision Date | 21 September 1945 |
C. J. Hardee, of Tampa, for relator.
Harry N Sandler, of Tampa, in pro. per., for respondent.
In this case, an original mandamus proceeding in this Court, the record shows that on August 6, 1945, Edna M. Locke, who was then defendant in a suit pending in the Circuit Court of Hillsborough County, filed a petition verified under oath, to disqualify the Honorable Harry N. Sandler to act as Circuit Judge in the proceedings to which she was a party as aforesaid. The petition charged as follows:
'I, Edna M Locke, defendant in the above styled cause, and wife of Radford D. Locke, plaintiff, after being duly sworn, say:
'That I, as defendant in the above styled cause fear that I will not receive a fair trial in this court before the Hon. Harry N Sandler, Circuit Judge, and I firmly believe that said Judge is prejudice in favor of the plaintiff, my husband, Radford D. Locke.
'The basis of the foregoing fear and belief on my part is founded in part upon the fact that although my husband had beaten me into unconsciousness and abused me over a period of several years and that he is a large man of more than six feet tall formerly a police officer of the city of Tampa, that upon the filing of the bill of complaint by him before the said judge, said judge, without notice to me, and without giving me an opportunity of being heard, entered an injunction which, among other things, prevented me from striking and doing bodily harm to plaintiff.
'It is defendant's firm belief that relief is being granted by said judge favoring the plaintiff, and that defendant is being denied the right of a fair and impartial trial.'
The petition was sought to be supported by affidavits of two disinterested people. The affidavits were identical except as to the name of the affiant and were in the following language:
'I have read the affidavit made by Edna M. Locke, defendant, and I hereby certify that I am not of kin to the said Edna M. Locke, nor the counsel for defendant, and that Edna M. Locke is acting in good faith and has reasonable grounds to believe that the defendant will not receive a fair trial, and I make this affidavit for the purpose of supporting in substance the statement set forth in the affidavit of Edna M. Locke.'
Judge Sandler entered an order on the same day, as follows:
Thereupon, the plaintiff below, on August 10, 1945, filed here his petition for alternative writ of mandamus to be directed to the Honorable Harry N. Sandler requiring him to show cause why a writ of mandamus should not be issued requiring him to vacate the order of disqualification entered August 6, 1945, in that certain case pending in the Circuit Court of ...
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