PORT EVERGLADES AUTHORITY, A FLORIDA PUBLIC CORPORATION, PETITIONER,
v.
HONORABLE ROBERT LANCE ANDREWS, RESPONDENT
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PER CURIAM.
Petitioner seeks review of an order denying its motion for recusal of trial judge. Prohibition is the appropriate method for seeking such review. Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981).
Petitioner alleges, among other things, that the judge, at a social gathering prior to trial, made comments to a third party indicating that he 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.
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Fink v. Fla. Unemployment Appeals Comm'n & Home Depot USA Inc., 665 So. 2d 373 (Fla. 4th DCA 1996)…ty bound to affirm the findings of misconduct made by the referee because those findings were based on competent, substantial evidence in the record. Palmere v. Computerland, 626 So. 2d 1114 (Fla. 4th DCA 1993); Jones v. Creative World School, Inc., 603 So. 2d 118 (Fla. 2d DCA 1992); David Clark & Assocs., Inc. v. Kennedy, 390 So. 2d 149 (Fla. 1st DCA 1980). Likewise, this court must affirm the decision of the UAC based on the well-established and familiar legal principle that an administrative agency’s actio…
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Porter v. Fla. Unemployment Appeals Comm'n & Allen Child. Ctrs., Inc., 1 So. 3d 1101 (Fla. 1st DCA 2009)…of the appeals referee.” Roman v. A-l Specialty Gasolines, Inc., 682 So. 2d 1241, 1242 (Fla. 1st DCA 1996) (citing Campeanu v. Fla. Unemployment Appeals Comm’n, 629 So. 2d 1015, 1016 (Fla. 4th DCA 1993)); see also Jones v. Creative World Sch., Inc., 603 So. 2d 118, 119 (Fla. 2d DCA 1992); Ritenour v. Unemployment Appeals Comm’n, 570 So. 2d 1106, 1107 (Fla. 5th DCA 1990). But this court must reverse the Commission’s decision to affirm the referee’s findings where, as here, competent, substantial evidence does…
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Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hayslip v. The Honorable Paul T. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981)
- Irwin v. The Honorable Paul M. Marko, III, 417 So. 2d 1108 (Fla. 4th DCA 1982)
- Kasser v. Honorable William J. Woodson, 549 So. 2d 802 (Fla. 5th DCA 1989)
- Antoine v. State, 549 So. 2d 802 (Fla. 5th DCA 1989)