BEVERLY A. CLAUGHTON, PETITIONER,
v.
EDWARD N. CLAUGHTON AND THE HONORABLE RICHARD S. FULLER, CIRCUIT JUDGE, ELEVENTH JUDICIAL CIRCUIT, IN AND FOR DADE COUNTY, FLORIDA, RESPONDENTS
PER CURIAM.
We cannot on the record before us conclude that the statements set forth in the final judgment upon which the petition er based her application to disqualify the trial judge were so unrelated to the issues being tried as to constitute other than adverse judicial rulings which under well-settled law are not a basis for disqualification for bias or prejudice. See Wilson v. Renfroe, 91 So. 2d 857 (Fla.1957); State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So. 2d 276 (1945). Whether such rulings were correct or not is a matter to be determined on appeal from the final judgment.
Accordingly, the petition for writ of prohibition is
Denied.
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Vazquez v. Ailyn M. Rebaza Smith (Fla. 3d DCA 2021)…9); Orr v. State, 741 So. 2d 636, 636 (Fla. 4th DCA 1999); Solana v. Solana, 706 So. 2d 414, 415 (Fla. 5th DCA 1998). “Whether such rulings were correct or not is a matter to be determined on appeal from the final judgment.” Claughton v. Claughton, 452 So. 2d 1073, 1074 (Fla. 3d DCA 1984). Accordingly, here, petitioner has failed to demonstrate a basis for relief. Petition denied.…
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Nassetta v. Stanton S. Kaplan, 557 So. 2d 919 (Fla. 4th DCA 1990)…existence of that very property might well indicate he could have made the bond set if he had set his mind to it.1 In any event, adverse judicial rulings are not a basis for disqualifying a judge for bias or prejudice, e.g., Claughton v. Claughton, 452 So. 2d 1073 (Fla. 3d DCA 1984). Were the above facts the only ones, we would have denied this petition without comment. However, instead of limiting himself to language evincing legal insufficiency of the motion, as the case law suggests he should do, the tria…
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State v. Shaw, 643 So. 2d 1163 (Fla. 4th DCA 1994)…rt’s decision and granting prohibition runs counter to established decisions of the appellate courts in this state. See Nassetta v. Kaplan, 557 So. 2d 919 (Fla. 4th DCA 1990); Hope v. State, 449 So. 2d 1315 (Fla.2d DCA 1984); Claughton v. Claughton, 452 So. 2d 1073 (Fla.3d DCA 1984). We are mindful that our role in reviewing orders of the circuit court acting in its appellate capacity is limited; common law certiorari should not be used as a vehicle to obtain a second appeal. Combs. Therefore, the fact that t…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vazquez v. Ailyn M. Rebaza Smith (Fla. 3d DCA 2021)
- F. K. G. Co., Inc. v. Keys Bottled GAS Co., 91 So. 2d 857 (Fla. 1957)
- Wilson v. Renfroe, 91 So. 2d 857 (Fla. 1956)
- State v. Honorable Harry N. Sandler, 156 Fla. 136 (Fla. 1945)