SALLY LAMENDOLA AND JOSEPH LAMENDOLA, HER HUSBAND, PETITIONERS,
v.
THE HONORABLE RHEA PINCUS GROSSMAN, JUDGE OF THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT, DADE COUNTY, FLORIDA, RESPONDENT
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Trial judge must be disqualified where judge threatened attorney and engaged in extrajudicial conduct antagonistic to the attorney, creating well-founded fear of unfair trial.
A trial judge must be disqualified when the judge threatens an attorney and engages in antagonistic extrajudicial conduct that creates a reasonable fear the parties will not receive a fair and impartial trial.
[1] A trial judge must be disqualified when the judge makes threats toward a party's attorney and engages in extrajudicial conduct antagonistic to that attorney, creating a r…
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Join FLexlaw to unlock all legal intelligencePetitioners sought to disqualify their trial judge after the judge allegedly threatened their attorney, stating the judge would "deal with" the attorn…
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PER CURIAM.
On the virtually indistinguishable authority of Layne v. Grossman, 430 So. 2d 525 (Fla. 3d DCA), rev. denied, 438 So. 2d 832 (Fla.1983),and McDermott v. Grossman, 429 So. 2d 393 (Fla. 3d DCA 1983), we conclude that the trial court should have granted petitioners’ motion to disqualify. The trial judge’s alleged threat to the petitioners’ attorney to the effect that the judge would “deal with” the attorney for having “gone over” the judge’s head; other allegedly extrajudicial conduct, which was both derogatory of the attorney and tended to undermine the presentation of a client’s case; and other alleged incidents of antagonism directed at the attorney, all make well founded the petitioners’ stated fear they would not receive a fair and impartial trial at the judge’s hands.
Seeing no reason to repeat in greater detail the allegations of the motion to disqualify (which must be accepted as true for the purpose of these proceedings), we find that the moving papers are sufficient to require disqualification, that the motion was filed without inordinate delay under the circumstances of this case, and that the writ of prohibition should be granted. Writ issued and cause remanded to the Eleventh Judicial Circuit with directions that it be blind filed in accordance with established procedures.
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Town Ctr. OF Islamorada, Inc. v. The Honorable J. Jefferson Overby, 592 So. 2d 774 (Fla. 3d DCA 1992)…circumstances: where the judge “directs base vernacular towards an attorney ... in open court,” Olszewska v. Ferro, 590 So. 2d 11 (Fla. 3d DCA 1991); the judge says he will “deal with” attorney for having “gone over” his head, Lamendola v. Grossman, 439 So. 2d 960 (Fla. 3d DCA 1983); the judge states that client’s attorney “should not be in this case.” Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981); the judge delivers a tirade about the lawyer’s opposition to the judge’s appointment to other judicial…
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Ennis v. Ennis, 855 So. 2d 229 (Fla. 5th DCA 2003)…on a verified motion of the Wife for disqualification of the trial judge, the allegations of which we take as true for the purposes of considering this petition. See Peterson v. Asklipious, 838 So. 2d 262 (Fla. 4th DCA 2002); Lamendola v. Grossman, 439 So. 2d 960 (Fla. 3d DCA 1983). The motion reflects that based on an earlier appeal in this case [Ennis v. Ennis, 819 So. 2d 1007 (Fla. 5th DCA 2002)], the trial court set a trial date of April 8, 2003, at 1:30 p.m., to complete certain remaining issues between…
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Jimenez v. Ratine, 954 So. 2d 706 (Fla. 2d DCA 2007)…by his client); Franco, 777 So. 2d at 1140 (holding that the trial judge should have granted a motion to disqualify where the judge exhibited animosity and disrespect for defense counsel and berated him in front of the jury); Lamendola v. Grossman, 439 So. 2d 960, 961 (Fla. 3d DCA 1983) (holding that the trial judge should have granted a motion to disqualify where the judge told counsel she would deal with him later for going over her head, made derogatory extrajudicial comments about counsel, and displayed…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- McDERMOTT v. The Honorable Rhea Pincus Grossman, 429 So. 2d 393 (Fla. 3d DCA 1983)
- B.J. Layne and Richard Bernstein v. The Honorable Rhea Pincus Grossman, 430 So. 2d 525 (Fla. 3d DCA 1983)