NORMAN J. KASSER, PETITIONER,
v.
HONORABLE WILLIAM J. WOODSON, ETC., RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that allegations of a judge stating intent to rule before a hearing create a well-founded fear of bias, warranting a writ of prohibition.
Kasser alleged the trial judge stated he knew how he was going to rule and had made a factual determination in advance of a fact-finding hearing. The …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Impartial Tribunal cases and more on FLexlaw
SHARP, Judge.
Kasser’s petition for writ of prohibition seeks recusal of a trial judge. Although not all of Kasser’s allegations are sufficient, some are, and accordingly we grant the writ. In such cases we must accept the allegations set forth in petitioner’s motion as true.1
According to Kasser’s allegations, the trial judge stated at a preliminary hearing that he knew how he was going to rule in the case. He also indicated by additional statements that he had made a factual determination in advance of the fact-finding hearing. He said he would have granted summary judgment for the plaintiff, but was unable to do so because the defendant (petitioner) “threw in some trash which makes it seem that there is some dispute on facts.”
These allegations are sufficient to create a well-founded fear in the mind of petitioner (defendant below) that he will not receive a trial by an impartial tribunal. Fischer v. Knuck, 497 So. 2d 240 (Fla.1986); Deren v. Williams, 521 So. 2d 150 (Fla. 5th DCA), rev. denied, 531 So. 2d 169 (Fla. 1988); State v. Steele, 348 So. 2d 398 (Fla. 3d DCA 1977).
Petition for Writ of Prohibition GRANTED.
DAUKSCH and GOSHORN, JJ., concur. . Deren v. Williams, 521 So. 2d 150 (Fla. 5th DCA), rev. denied, 531 So. 2d 169 (Fla.1988).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Mevoine Bruce Dugart v. State, 578 So. 2d 789 (Fla. 4th DCA 1991)…right to effective assistance of counsel applies. Janvier v. United States, 793 F. 2d 449 (2d Cir.1986). Accordingly, the failure of the defendant’s attorney to move for a JRAD may constitute ineffective assistance of counsel. See Antoine v. State, 549 So. 2d 802 (Fla. 5th DCA 1989). The facts alleged support the defendant’s claims of trial court error and ineffective assistance of counsel and form a sufficient application for writ of error coram nobis. If the alleged facts had been known to the trial court…
-
Port Everglades Auth. v. Honorable Robert Lance Andrews, 603 So. 2d 118 (Fla. 4th DCA 1992)…may have prejudged the case. This allegation, together with petitioner’s supporting affidavits, sets forth a legally sufficient basis for recusal. Therefore, the trial judge should have granted petitioner’s motion for recusal. See Kasser v. Woodson, 549 So. 2d 802 (Fla. 5th DCA 1989); Irwin v. Marko, 417 So. 2d 1108 (Fla. 4th DCA 1982). Accordingly, we grant the petition for writ of prohibition. PROHIBITION GRANTED. DELL, WARNER and POLEN, JJ., concur.…
-
Shapiro v. Davina Craig, 210 So. 3d 782 (Fla. 5th DCA 2017)…in contentious litigation ten years ago. We find that Shapiro’s allegations created a well-founded fear in his mind that he would not receive a trial by an impartial tribunal. See Livingston v. State, 441 So. 2d 1083 (Fla. 1983); Kasser v. Woodson, 549 So. 2d 802 (Fla. 5th DCA 1989). Therefore, we grant the petition for writ of prohibition. PETITION GRANTED. TORPY and EDWARDS, JJ., concur.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Deren v. The Honorable Volie Williams, Jr., 521 So. 2d 150 (Fla. 5th DCA 1988)
- Farto v. State, 348 So. 2d 398 (Fla. 3d DCA 1977)
- State v. Steele, 348 So. 2d 398 (Fla. 3d DCA 1977)