ROSS E. WAYLAND, APPELLANT,
v.
SHIRLEY WAYLAND, APPELLEE
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The court held that a judge's participation in facilitating the sale of marital property requires disqualification to maintain judicial impartiality.
Following a transfer, the trial judge entered a final judgment of dissolution of marriage one year after the final hearing. The judge had previously o…
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PER CURIAM.
The husband appeals from a final judgment of dissolution of marriage arguing that the trial court abused its discretion when it denied his motion for disqualification. The case first came before this court seeking a writ of prohibition. We denied the petition because the trial judge had been transferred to another division, thereby rendering the petition moot. One year after the final hearing and transfer, the trial judge entered the final judgment in this case. We reverse.
“A judge ... should conduct himself [herself] at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary.” Fla. Bar Code Jud. Conduct, Canon 2 A. Here, the trial judge chose to enter the proceedings as a participant offering to aid in the sale of the marital home.1 Such behavior casts a shadow upon judicial neutrality and raises a reasonable question as to a judge’s impartiality. Disqualification was, therefore, mandated. Crosby v. State, 97 So. 2d 181 (Fla.1957).
Accordingly, we reverse the final judgment of dissolution of marriage and remand for a new trial.
. The trial judge had the following dialogue with the litigants:
The Court: How many pieces of property do we have to dispose of? Three?
Wife’s Counsel: Every piece....
The Court: The home?
Wife’s Counsel: Yes_
The Court: Now, I may have somebody who might be interested in purchasing, depending on what they want to do with it....
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Kirby Lynn Chastine v. The Honorable Va. Gay Broome, 629 So. 2d 293 (Fla. 4th DCA 1993)…ion on trial strategy to be a legally sufficient basis to warrant recusal. When the judge enters into the proceedings and becomes a participant, a shadow is cast upon judicial neutrality so that disqualification is required. See Wayland v. Wayland, 595 So. 2d 234, 235 (Fla. 3d DCA 1992) (citing Crosby v. State, 97 So. 2d 181 (Fla.1957)). Obviously, the trial judge serves as the neutral arbiter in the proceedings and must not enter the fray by giving “tips” to either side. We are also concerned about the mann…
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Nichols v. State, 721 So. 2d 807 (Fla. 5th DCA 1998)…a basis for reversal. See, e.g., Mack v. State, 270 So. 2d 382 (Fla. 3d DCA 1972). Although a trial judge is not permitted to enter into the proceedings and become a participant, since this calls into question his neutrality, see Wayland v. Wayland, 595 So. 2d 234, 235 (Fla. 3d DCA 1992), the trial court is given limited discretion to propound questions to witnesses to clarify testimony or to aid in the fact-finding process, as long as such questioning is done in an impartial manner. Clark v. State, 122 Fla.…
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Ekaterina Zakharova v. Innovative Techs. & Consulting Ltd. Corp. (Fla. 3d DCA 2023)…ervene 1 Zakharova also sought a writ of prohibition to disqualify the trial judge from further presiding over her dispute. The judge has since rotated to a new division, rendering the petition for prohibition moot. See, e.g., Wayland v. Wayland, 595 So. 2d 234, 235 (Fla. 3d DCA 1992) (“We denied the petition because the trial judge had been transferred to another division, thereby rendering the petition moot.”). ---PAGE 3--- in the foreclosure case for the limited purpose of claiming any surplus genera…
Authorities Cited
- Crosby v. State, 97 So. 2d 181 (Fla. 1957)