IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
DESMOND E. SMITH, M.D.,
vs. Appeal No. 04-0036AP-88B
FLORIDA INFUSION SERVICES, INC.,
THIS CAUSE came before the Court on the Request for Writ of Prohibition, filed by the Petitioner, Desmond E. Smith, M.D., on April 28, 2004, and the Affirmation in Opposition to Defendant’s Writ of Prohibition, filed by counsel for the Respondent. Upon consideration of the same, the Court finds that the Request for Writ of Prohibition must be denied.
Initially, the Court finds that it cannot consider the “transcripts” of hearings held on August 26, 2003, and December 30, 2003, as the hearings were not recorded or transcribed by a court contract court reporter. On remand, if Dr. Smith wishes to have the trial court proceedings transcribed, he must use a certified court reporter as required by Administrative Order No. 2004-018 PA/PI CIR, A.5. 
However, for the sake of clarity, these “transcripts” have no bearing on the
outcome of this appeal. A review of Dr. Smith’s Motion to Change
the Presiding Judge, as the trial court correctly found, is legally insufficient.
The Motion is unsworn and was not timely filed as required by the Florida
Judicial Administrative Rules, Rule 2.160(c),(e). Accordingly,
the Court cannot issue a writ under the facts of this case. See
Carrow v. The Florida Bar, 848 So.2d 1283, 1285 (
Therefore, it is,
ORDERED AND ADJUDGED that the Request for Writ of Prohibition is denied.
DONE AND ORDERED in Chambers, at
DAVID A. DEMERS
Circuit Judge, Appellate Division
Copies furnished to:
Judge William Blackwood
Desmond E. Smith, M.D.
Edward J. Aiosa, Esquire
 As of July 1, 2004, use of a “court contract court reporter” is no longer required; rather, a “certified court reporter” must be used if a transcript is desired in civil proceedings. Review of this administrative order is available on the Sixth Judicial Circuit’s website at www.jud6.org.