Publix Super Markets, one of the corporations fending off a challenge to a 1999 law making it harder to sue businesses, has asked Leon Circuit Judge Nikki Clark to step aside.

In a motion filed Tuesday by Tallahassee lawyer George Meros, Publix notes that Clark is among the applicants for an appointment to the 1st District Court of Appeal in Tallahassee.

Because the governor decides who is appointed to the court and is also a defendant in the lawsuit, Meros said Clark should recuse herself and allow the case to be handled by another judge.

"This case is of statewide importance," Meros wrote. "It challenges the people's ability to improve their civil justice system."

The Academy of Florida Trial Lawyers and others asked the courts to declare the law invalid in a lawsuit filed late last year. The court has yet to rule on substantive issues.

Clark could not be reached for comment.

Teen injured in bomb blast still in hospital

SARASOTA -- A Sarasota teenager who blew off part of his hand and severely injured his leg when a homemade bomb exploded remains in serious condition at Bayfront Medical Center in St. Petersburg.

The blast from David Jakubowicz's bedroom awakened the Sarasota High School sophomore's family Sunday night. They called 911 after finding David, 15, lying on the floor and bleeding.

Authorities say it is unlikely charges will be filed. They do not think that David intended to use the device, made of gunpowder and match heads, as a weapon.

State officer arrested in prostitution ring

DELAND -- A state corrections officer was arrested for his role in an escort service that really was a prostitution ring, authorities said.

James A. Otte, 49, would perform sex acts with potential prostitutes to make sure they were experienced enough to work for Elegant Encounters, a business run by his wife Diane Fratello, authorities said.

If they were hired, Otte would brief the women on how to avoid getting arrested, authorities said.

Otte, a corrections officer since September 1999 at Tomoka Correctional Institute in Daytona Beach, was arrested Monday on charges of racketeering and conspiracy to commit racketeering. Officials said he will be fired from that job.

Fratello is accused of working as a prostitute in her business.

Court dismisses lawsuit over ballot positions

TALLAHASSEE -- A state court Tuesday rejected a claim by unaffiliated U.S. Senate candidate Willie Logan that the order in which candidates' names appear on the ballot is unfair.

Logan, who is running with no party affiliation for the Senate seat being vacated by retiring Sen. Connie Mack, was challenging a law that places the Republican and Democratic candidates' names at the top, followed by minor party and unaffiliated candidates.

Circuit Judge Nikki Ann Clark dismissed Logan's complaint.

The top position on the general election ballot goes to the candidate from the major political party holding the governor's office, right now Republicans. The next position goes to the candidate from the other party.

Logan argued that violates the Constitution, changed in 1998 to guarantee equal access to the ballot.

"We think that it is clear there is some favoritism to the candidates who belong to the Democratic or Republican parties," said Logan's campaign manager, Sean Pittman, after Clark's ruling.

In this race, that would be Republican nominee U.S. Rep. Bill McCollum of Longwood and Insurance Commissioner Bill Nelson, the Democrat.

The Florida Supreme Court had already rejected a request by Logan seeking to have candidates' names placed on the ballot alphabetically, at least for the Nov. 7 general election.

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Lucy Morgan

From the Times state desk