PEGGY ROWE-LINN, PETITIONER,
v.
THE HONORABLE HOWARD C. BERMAN, CIRCUIT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA, RESPONDENT
PEGGY ROWE-LINN, PETITIONER,
THE HONORABLE HOWARD C. BERMAN, CIRCUIT JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA, RESPONDENT
601 So. 2d 618
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The petition is granted. Although we do not issue a writ of prohibition, we are confident respondent will promptly disqualify himself, and the circuit court will assign the case below to another judge.
While we do not think the motion for disqualification was legally sufficient, we fear the respondent stepped over the line in the order of denial by failing to “limit his inquiry to a determination of the sufficiency of the motion to disqualify,” and attempting “to justify denial of the motion for reasons other than ... legal sufficiency.” Fruehe v. Reasbeck, 525 So. 2d 471, 472 (Fla. 4th DCA 1988). See also cases cited therein.
GLICKSTEIN, C.J., and GUNTHER, J., concur. WARNER, J., dissents without opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gates v. State, 784 So. 2d 1235 (Fla. 2d DCA 2001)…oncluded that it was unlikely that the jury had heard her comments. By attempting to justify her denial of the motion, however, and by failing to limit her inquiry to the legal sufficiency of the motion, the court clearly erred. Rowe-Linn v. Berman, 601 So. 2d 618 (Fla. 4th DCA 1992). Reversed and remanded for a new trial. SALCINES and STRINGER, JJ., concur.…
Authorities Cited
- Fruehe v. Honorable James M. Reasbeck, 525 So. 2d 471 (Fla. 4th DCA 1988)