CAROLE J. WYMAN, PETITIONER,
v.
THE HONORABLE JAMES M. REASBECK, JUDGE OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, RESPONDENT

Fla. 4th DCA | 1983-09-07
No. 83-1097
LETTS, BERANEK and HERSEY, JJ., concur.
436 So. 2d 1112 Florida District Court of Appeal, Fourth District (1983) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

[*1113] PER CURIAM.

Petitioner seeks a writ of prohibition to test the validity of denial of her motion to disqualify the trial court judge. We find no factual basis for the claim of prejudice and rest denial of the petition primarily on that ground. In passing we note (1) the inordinate delay in moving for disqualification after the complained of activity; (2) the trial court’s attempted compliance with the provisions of Section 38.10, Florida Statutes (1981) pertaining to attempted disqualification of a second judge (and we deem that compliance, whether necessary or not and whether sufficient or not, immaterial here); and (3) procedural irregularities in the motion and affidavits, all of which reinforce our determination to deny relief.

LETTS, BERANEK and HERSEY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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  • Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
    …39); State ex rel. Brown v. Dewell, 131 Fla. 566, 179 So. 695 (1938). A verified motion for disqualification must contain an actual factual foundation for the alleged fear of prejudice. Wilson v. Renfroe, 91 So. 2d 857 (Fla.1956); Wyman v. Reasbeck, 436 So. 2d 1112 (Fla. 4th DCA 1983). We find that petitioner’s subjective fears, as alleged, are not “reasonably sufficient” to justify a “well-founded fear” of prejudice. To the contrary, the allegations are frivolous and appear designed to frustrate the process b…
  • Antonio Muina, M.D. v. Mittie and Frank Hood, 516 So. 2d 1117 (Fla. 1st DCA 1987)
    …asserted grounds for disqualification are insufficient to show a well-founded fear of prejudice. See Mt. Sinai Medical Center v. Brown, 493 So. 2d 512 (Fla. 1st DCA 1986). A motion to disqualify a judge must have a factual basis. Wyman v. Reasbeck, 436 So. 2d 1112 (Fla. 4th DCA 1983). We find no factual basis to the allegations of prejudice here. Past rulings against a party by a judge may not be a basis for disqualification on the ground of prejudice. Gieseke v. Grossman, 418 So. 2d 1055 (Fla. 4th DCA 1982).…

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