ARTHUR BREAKSTONE, ET AL., PETITIONERS,
v.
HONORABLE MARY ANN MACKENZIE, ETC., ET AL., RESPONDENTS
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The Third District Court of Appeal, following Supreme Court reversal, vacated its prior opinion and made absolute a writ of prohibition preventing the trial court judge from further proceedings in two specified cases.
A writ of prohibition shall be made absolute to prevent the trial court judge from further proceedings in the specified cases.
Two cases were pending in the Circuit Court of Dade County: Baron's of Surfside, Inc. v. Arthur Breakstone, et al. (Case No. 85-8008) and Super Kids, …
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WHEREAS, the opinion rendered by this Court on September 14, 1989, (561 So. 2d 1164), granting a Petition for Writ of Prohibition to the Circuit Court of Dade County, Florida, in the above styled cause; and WHEREAS, on review of this Court’s opinion, by Petition for Review, the Supreme Court of Florida, by its opinion filed July 19, 1990, 565 So. 2d 1332, and its mandate now lodged in this Court, quashed a portion of this Court’s en banc opinion;
NOW THEREFORE, the opinion filed in the cause on September 14, 1989, except as is affirmed by the opinion of the Supreme Court dated July 19, 1990, is vacated; the opinion of the Supreme Court is herewith made the opinion of this Court and the orders of the trial court are reversed and rule nisi in prohibition be and the same is hereby made absolute and that you, Mary Ann MacKenzie, are hereby prohibited and restrained from further proceedings in those certain actions pending in the Circuit Court in and for Dade County, Florida in which Baron’s of Surfside, Inc., Plaintiffs vs. Arthur Breakstone, et al, Defendants, Case No. 85-8008 and Super Kids, Inc., Plaintiff, vs. Super Kids Bargain Store, Inc., Defendant, Case No. 88-44144. Costs allowed shall be taxed in the trial court pursuant to Florida Rule of Appellate Procedure 9.400(a).
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Citator
Cited By
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Zeller v. the Florida Bar, 909 F. Supp. 1518 (N.D. Fla. 1995)…the potential for bias or the appearance of bias when a judge accepts contributions from those appearing in his or her court, see generally Breakstone v. MacKenzie, 561 So.2d 1164, 1168 n. 6 (Fla. 3d DCA 1989), vacated on other grounds, 571 So.2d 32 (Fla. 3d DCA 1990). 10 . It is well established in this Circuit that candidates for judicial office may be treated differently from candidates for other elected offices. See Morial v. Judiciary Comm'n, 565 F.2d 295, 305 (5th Cir.1977),…
Authorities Cited
- Honorable Mary Ann MacKENZIE v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990)
- Breakstone v. Honorable Mary Ann MacKENZIE, 561 So. 2d 1164 (Fla. 3d DCA 1989)