EARNEST DIGERONIMO, JR., M.D., 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.
Petitioner seeks a writ of prohibition to prohibit respondent from presiding in further proceedings in the case of Genevieve Scala, Plaintiff v. Timothy Alexander, M.D., et. al., Case No. 86-28745 CP, in the Seventeenth Judicial Circuit in Broward County, Florida. Although it appears that the facts as alleged in petitioner’s verified motion for recusal and disqualification did not present legally sufficient grounds for disqualification, respondent’s comments during the hearing on petitioner’s motion show that he went beyond a determination of the legal sufficiency 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Haggerty v. State, 531 So. 2d 364 (Fla. 1st DCA 1988)…er scope of his inquiry and on that basis alone established 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 d…
Authorities 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)
- Thomas N. Ryon, M.D. v. Honorable James M. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988)