Third District Court of Appeal
State of Florida
Opinion filed April 7, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-0370
Lower Tribunal No. 17-16028
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Alejandro Quintas Vazquez,
Petitioner,
vs.
Ailyn M. Rebaza Smith,
Respondent.
A Case of Original Jurisdiction – Prohibition.
Alejandro Quintas Vazquez, in proper person.
No appearance for respondent.
Before MILLER, GORDO, and BOKOR, JJ.
PER CURIAM.
After petitioner sought a writ of prohibition disqualifying the assigned
trial court judge from further presiding over his family law case, we denied
relief. Quintas Vazquez v. Smith, 46 Fla. L. Weekly D293 (Fla. 3d DCA Feb.
3, 2021). More than fifteen days after the opinion issued, relying upon a
timely-filed motion to invoke the discretionary jurisdiction of the Florida
Supreme Court, petitioner has moved our court to stay the effect of the
mandate, or, alternatively, recall the same, pending further review. See Fla.
R. App. P. 9.310; Fla. R. App. P. 9.340(a). This court was required to issue
its mandate upon the expiration of the fifteen-day period established in
Florida Rule of Appellate Procedure 9.340(a). 1 Further, we are not
convinced a stay or recall is “essential” or the balance of relevant factors
weigh in favor of petitioner. Fla. R. App. P. 9.120 advisory committee notes;
see Banco Indus. de Venezuela, C.A. v. de Saad, 126 So. 3d 259 (Fla 3d
DCA 2010); State v Miyasato, 805 So. 2d 818 (Fla. 2d DCA 2001); 3 Fla.
Jur. 2d Appellate Review § 414 (2021). Accordingly, we deny the requested
relief.
Denied.
1
No timely motion for rehearing was filed with this court pursuant to Florida
Rule of Appellate Procedure 9.330(a)(1).
2