LEONARD A. ROUDNER AND LEONARD A. ROUDNER, P.A., PETITIONERS,
v.
HONORABLE MARY ANN MACKENZIE, CIRCUIT JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA, RESPONDENT
PER CURIAM.
On moving papers that were legally sufficient, the petitioners sought to disqualify the respondent judge from presiding over non-jury commercial litigation pending in the trial court below. The petitioners’ attorney in the pending matter is the daughter of the incumbent circuit judge who defeated the respondent judge’s husband in a recent election. These facts are sufficient to have warranted the respondent judge’s entering an order of recusal. See Caleffe v. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986).. See also Breakstone v. The Honorable Mary Ann MacKenzie, No. 88-2392 (Fla. 3d DCA Nov. 29,1988). We are confident that the respondent judge will enter an order of recusal, and, accordingly, we withhold formal issuance of our writ of prohibition.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Barber v. Honorable Mary Ann MacKENZIE, 562 So. 2d 755 (Fla. 3d DCA 1990)…campaign committee, and will entertain a bias in favor of the side represented by her Committee members. See Livingston v. State, 441 So. 2d 1083, 1087 (Fla.1983); Caleffe v. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986); see also Roudner v. MacKenzie, 536 So. 2d 299 (Fla. 3d DCA 1988); Overton, Trial Judges & Political Elections: A Time for Re-examination, 2 U.Fla.J.L. & Pub. Pol’y 10 (1988-89) (“[WJould not a lawyer coming before a recently elected judge be concerned if opposing counsel had ... been on his cam…
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Breakstone v. Honorable Mary Ann MacKENZIE, 561 So. 2d 1164 (Fla. 3d DCA 1989)…ovants’ affidavits is directed, of course, to a contribution made to the campaign of the trial judge’s spouse, and not that of the trial judge herself. The reasonableness of mov-ants’ concern is not diminished by that fact. See Roudner v. MacKenzie, 536 So. 2d 299 (Fla. 3d DCA 1988) (disqualification required for reasons related to spouse’s political campaign). The trial judge’s own comments in this case substantiate that the political campaign of one’s own spouse naturally calls forth feelings of interest, l…
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Reyes v. Infinity Indem. Ins. Co., 221 So. 3d 775 (Fla. 3d DCA 2017)…, 631 So. 2d 1129, 1130 (Fla. 4th DCA 1994) (granting prohibition based on motion to disqualify when one of the parties’ law firms was the same firm representing the trial judge and her husband in a separate, unrelated action); Roudner v. MacKenzie, 536 So. 2d 299, 299 (Fla. 3d DCA 1988) (granting prohibition (but withholding writ) where the "petitioners’ attorney in the pending matter is the daughter [*777] of the incumbent circuit judge who defeated the respondent judge’s husband in a recent election”).…
Authorities Cited
- Caleffe v. Judge Linda L. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986)