THOMAS N. RYON, M.D., THOMAS N. RYON, M.D., P.A., PETITIONERS,
v.
HONORABLE JAMES M. REASBECK, CIRCUIT COURT JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, RESPONDENT; THE FLORIDA PATIENT'S COMPENSATION FUND, PETITIONER, V. HONORABLE JAMES M. REASBECK, CIRCUIT COURT JUDGE OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, RESPONDENT
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PER CURIAM.
Petitioners seek a writ of prohibition to prohibit respondent from presiding in further proceedings in the case of Freída McDermott, as personal representative of the Estate of Joseph McDermott, deceased, plaintiff, vs. Thomas N. Ryon, M.D., Thomas N. Ryon, M.D., P.A., d/b/a Ryon Medi cal Center, and The Florida Patient’s Compensation Fund, Case No. 87-10322 CP in the Circuit Court of the Seventeenth Judicial Circuit, in and for Broward County, Florida. Initially we note that the facts as alleged in petitioners’ verified motion for recusal and disqualification did not present legally sufficient ground for disqualification of respondent. However, respondent’s comments during the hearing on petitioners’ motion and the argument made by respondent in responding to an order to show cause issued by this court, shows that respondent went beyond a determination of the sufficiency of the motion to disqualify. Therefore we grant petitioners’ petition for writ of prohibition on the authority of Bundy v. Rudd, 366 So. 2d 440 (Fla.1978); Gieseke v. Moriarty, 471 So. 2d 80 (Fla. 4th DCA 1985) and Fruehe v. Reasbeck, 525 So. 2d 471 (Fla. 4th DCA 1988).
PROHIBITION GRANTED.
DOWNEY, DELL and GUNTHER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Haggerty v. State, 531 So. 2d 364 (Fla. 1st DCA 1988)…ished grounds for his disqualification” by creating “an intolerable adversary atmosphere” between himself and appellant. Bundy v. Rudd, 366 So. 2d 440 (Fla.1978). See also Diqeronimo v. Reasbeck, 528 So. 2d 556 (Fla. 4th DCA 1988); Ryon v. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988); and A.T.S. Melbourne, Inc. v. Jackson, 473 So. 2d 280 (Fla. 5th DCA 1985). Therefore, we must reverse the denial of the motion for recusal and remand for resentencing by a different judge. We decline to address appellant’s chall…
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Ann v. Frost, 622 So. 2d 597 (Fla. 4th DCA 1993)…deemed to have taken an adversarial role in the matter, which itself warrants disqualification. See Clark Auto Leasing & Rentals, Inc. v. Lupo, 547 So. 2d 1016 (Fla. 4th DCA 1989). See also Bundy v. Rudd, 366 So. 2d 440 (Fla.1978); Ryon v. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988). Here, as petitioner points out, the trial judge, in his order denying the motion for disqualification, states that the allegations of the motion are “factually incorrect.” Accordingly, we agree with petitioner that the wording…
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Earnest Digeronimo, Jr., M.D. v. Honorable James M. Reasbeck, 528 So. 2d 556 (Fla. 4th DCA 1988)…of the motion. Therefore, we grant petitioner’s petition for writ of prohibition on the authority of Bundy v. Rudd, 366 So. 2d 440 (Fla.1978), Gieseke v. Moriarty, 471 So. 2d 80 (Fla. 4th DCA 1985), and the most recent decisions in Ryon v. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988), and Fruehe v. Reasbeck, 525 So. 2d 471 (Fla. 4th DCA 1988). PROHIBITION GRANTED. HERSEY, C.J., and DOWNEY and GUNTHER, JJ., concur.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Sanford Freed, 366 So. 2d 440 (Fla. 1978)
- C.J. v. State, 471 So. 2d 80 (Fla. 3d DCA 1985)
- Gieseke v. The Honorable Estella May Moriarty, 471 So. 2d 80 (Fla. 4th DCA 1985)
- Fruehe v. Honorable James M. Reasbeck, 525 So. 2d 471 (Fla. 4th DCA 1988)