BARBARA R. WISHOFF, PETITIONER,
v.
THE HONORABLE MARK E. POLEN, JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, RESPONDENT, AND RICHARD WISHOFF, INTERVENOR
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The court held that a litigant is entitled to an impartial judge and that a judgment entered after a disqualification motion must be vacated.
A wife sought prohibition to disqualify the trial judge and vacate a final judgment entered in dissolution proceedings. The husband moved to intervene…
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PER CURIAM.
We grant the husband’s motion to intervene in these proceedings, whereby the wife seeks prohibition to disqualify the trial judge and to vacate the final judgment entered in the dissolution proceedings.
We grant the petition insofar as it requests the disqualification of the trial judge from further consideration of this cause.1 Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981); § 38.10, Fla.Stat. (1983). Since the final judgment was entered after petitioner filed her motion for disqualification, it must be vacated.
As our supreme court held in State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (1939):
[EJvery litigant is entitled to nothing less than the cold neutrality of an impartial judge. It is the duty of Courts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is seriously brought in question. The exercise of any other policy tends to discredit the judiciary and shadow the administration of justice.
Weiner v. Weiner, 416 So. 2d 1260, 1260 (Fla. 4th DCA 1982).
PETITION GRANTED.
ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur. . We withhold issue of the writ of prohibition based on respondent’s representation that he will recuse himself from taking further action in this case.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)…ssolution proceeding, 474 So. 2d 225. The question concerns the trial judge’s authority to enter a written judgment on a matter tried and orally ruled upon prior to the filing of a motion for disqualification. We find conflict with Wishoff v. Polen, 468 So. 2d 1035 (Fla. 4th DCA 1985),* and approve the district court decision. The respondent, Circuit Judge Francis X. Knuck, presided over a dissolution proceeding involving the petitioner, Anne Marie Fischer. Evidence was taken over a two-day period, and final…1 / 2
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Airborne Cable Television, Inc. v. Storer Cable TV OF Fla., Inc., 596 So. 2d 117 (Fla. 2d DCA 1992)…was filed. In support of its claim Storer relies upon Fischer v. Knuck, 497 So. 2d 240 (Fla.1986), a case that modified an earlier stated absolute prohibition against the entry of any orders by a judge who had effected recusal. See Wishoff v. Polen, 468 So. 2d 1035 (Fla. 4th DCA 1985); Gilmer v. Shell Oil Co., 324 So. 2d 171 (Fla. 2d DCA 1975). The outcome in Fischer was based upon a distinctly different procedural setting. The trial court had entertained and received evidence on an issue, had orally pronounce…
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MT. Sinai Med. Ctr. & Gates v. Earnestine Brown and Division of Workers' Compensation, 493 So. 2d 512 (Fla. 1st DCA 1986)…s belief that the deputy commissioner is prejudiced against him on counsel’s own belief that the deputy commissioner believes that counsel acted to deter the deputy commissioner’s reappointment. The employer and carrier have cited Wishoff v. Polen, 468 So. 2d 1035 (Fla. 4th DCA 1985) and Weiner v. Weiner, 416 So. 2d 1260 (Fla. 4th DCA 1982), for the [*515] proposition that an order entered after the motion to disqualify was filed (Wishoff) or after the prejudice attached (Weiner), must be reversed. Wishoff an…
Authorities Cited
- State ex rel. Thomas E. Davis v. Parks, 141 Fla. 516 (Fla. 1939)
- Hayslip v. The Honorable Paul T. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981)
- Atl. Coast Line R.R. Co. v. Holmes, 141 Fla. 595 (Fla. 1940)
- Weiner v. Weiner, 416 So. 2d 1260 (Fla. 4th DCA 1982)