BROWDER W. RIVES, AS GUARDIAN; BROWDER W. RIVES AND HOWARD P. RIVES, AS CUSTODIANS FOR EDWARD R. BAGLEY, JR., PETITIONERS,
v.
HONORABLE PAUL E. LOGAN, CIRCUIT JUDGE OF THE TWELFTH JUDICIAL CIRCUIT, AND CAROL BAGLEY ABERDEEN, RESPONDENTS
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The court held that disagreements with judicial rulings and subjective fears of unfairness are insufficient grounds to disqualify a judge.
Petitioners sought a writ of prohibition to disqualify a judge, alleging bias and prejudice. Their motion was based on disagreements with the judge's …
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PER CURIAM.
The petitioners, Browder W. and Howard P. Rives, seek a writ of prohibition to disqualify the respondent, Judge Paul E. Logan from the underlying case. We deny the writ.
The petitioners’ motion to disqualify the respondent was denied by Judge Logan as legally insufficient. Following our review of the motion to disqualify and the accompanying affidavits, we agree with Judge Logan’s determination that the motion was legally insufficient.
The motion states that the petitioners fear that they will not receive a fair hearing because of the respondent’s bias and prejudice. The factual allegations made in support of the motion consist of the petitioners’ disagreements with rulings made by Judge Logan. Adverse judicial rulings alone may not be the basis for disqualification of a judge for bias or prejudice. Gieseke v. Grossman, 418 So. 2d 1055 (Fla. 4th DCA 1982). Additionally, subjective fears that a party would not receive a fair trial are insufficient to require the disqualification of a judge. Fischer v. Knuck, 497 So. 2d 240 (Fla.1986).
Petition denied.
SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.
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Amato v. Winn Dixie Stores/Sedgwick James, 810 So. 2d 979 (Fla. 1st DCA 2002)…on the allegation, by itself, that the trial court ruled on a matter without having heard from the other side. Hastings v. State, 788 So. 2d 342 (Fla. 5th DCA 2001); Nathanson, 693 So. 2d at 1062-63 (Stone, J., concurring specially); Rives v. Logan, 611 So. 2d 599 (Fla. 2d DCA 1993); Gieseke v. Grossman, 418 So. 2d 1055 (Fla. 4th DCA 1982). Given our ruling on the threshold issue of the motion for disqualification, we do not address the merits of the workers’ compensation claim. The final order on the merits…
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Solana v. Solana, 706 So. 2d 414 (Fla. 5th DCA 1998)…concluded that these allegations were legally insufficient to require disqualification because allegations concerning prior adverse rulings made by the trial judge alone do not constitute a sufficient basis for disqualification. See Rives v. Logan, 611 So. 2d 599, 600 (Fla. 2d DCA 1993). Accordingly, we affirm. AFFIRMED. GRIFFIN, C.J., and GOSHORN, J., concur.…
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Americo E. Wehbe v. Isidro A. Uejbe, 744 So. 2d 572 (Fla. 3d DCA 1999)…n in the affirmance of the order under review. It should be noted that a motion for disqualification is not properly used to express disagreement with the trial court’s rulings. See Barwick v. State, 660 So. 2d 685, 692 (Fla.1995); Rives v. Logan, 611 So. 2d 599 (Fla. 2d DCA 1993). Thus, the oral motion for disqualification at the conclusion of the hearing was properly denied. After trial, the appellant filed a motion to disqualify the trial judge, which the judge granted. Appellant is correct that he was t…
Authorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Terry v. State, 418 So. 2d 1055 (Fla. 5th DCA 1982)