IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
IN AND FOR PINELLAS COUNTY, FLORIDA
ESTATE OF LISA MCPHERSON, by and
through the Personal Representative,
DELL LIEBREICH,
Plaintiff, Case No. 00-5682- 11
vs.
A CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC., JANIS
JOHNSON, ALAIN KARTUZINSKI, and
DAVID HOUGHTON, D.D.S.,
Defendants.
CHURCH OF SCIENTOLOGY FLAG
SERVICE ORGANIZATION, INC.,
Counter-claimant,
ESTATE OF LISA MCPHERSON, by and
through the Personal Representative,
DELL LIEBREICH, and ROBERT MINTON,
Counter-defendants.
ORDER PERMITTING RESPONSE TO MINTON'S MOTION TO
DISQUALIFY
This court, on its own motion, is going to revive the counterclaim for the
sole purpose of considering Robert Minton's ("Minton's") Renewed Verified
Motion to Disqualify Trial Judge and Suggestion of Disqualification and Request
for Permission to File Motion. Samuel Rosen, counsel for the Church of Scientology
Flag Service Organization, Inc.
("Church") requested in a telephone hearing which this court conducted on
March 7, 2003, four business days to consider whether or not file a response
regarding Minton's disqualification motion if Minton filed a Motion to Revive
the Counterclaim solely for the purpose of hearing his motion to disqualify.
Although Minton declined to file a motion for this sole purpose, this court,
on her own motion, is going to revive the counterclaim solely for this purpose
so that Minton's motion can be resolved, and this case can be moved forward.
Accordingly, all interested parties are advised that if they wish to be heard
on the validity of Minton's motion, they have four business days to do so.
Additionally, this court is interested in hearing from any interested party,
their position on whether, if this court grants Minton's motion as to the
counterclaim only, this court should allow the wrongful death complaint to
be assigned to the same judge who will be assigned the counterclaim, or whether
this court should retain the wrongful death complaint, and request that the
chief judge assign the counterclaim only to a new judge. Any interested party
who wishes to respond to this request may do so, not only from a legal standpoint,
but from a practical standpoint as well. Accordingly, it is
ORDERED AND ADJUDGED that any interested party may file a response to Minton's
motion to disqualify, or may file a response suggesting what they feel should
be done with the wrongful death complaint, if the motion to disqualify is
granted as to the counterclaim only. The response can address both legal
and practical matters. It is further
ORDERED AND ADJUDGED that any response that any party wishes to file must
be tiled, with a copy faxed or hand delivered to this court's office, by
Friday, March 28,2003 at 1:00 p.m.
DONE AND ORDERED in St. Petersburg, Pinellas County, Florida this 23d day
of March, 2003.
[signed]
Susan F. Schaeffer, Circuit Judge
Copies to:
All Counsel of Record
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