ANN V. FROST, PETITIONER,
v.
THE HONORABLE C. LAVON WARD, JUDGE OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, 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 a judge's order stating that the factual assertions in a motion for disqualification are factually incorrect is sufficient grounds for disqualification.
A wife in a dissolution proceeding sought to disqualify the judge, alleging a reasonable fear of bias due to the judge's own ongoing dissolution case …
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 Motion To Disqualify Judge cases and more on FLexlaw
PER CURIAM.
The wife in a dissolution of marriage proceeding filed a petition for writ of prohibition, seeking review of the trial judge’s order denying her motion for disqualification of the judge.
Petitioner’s motion for disqualification of the trial judge and supporting affidavit contended she has a reasonable fear that she will not receive a fair trial from the judge because she learned from an article in a commercial newspaper that the judge was currently involved in a dissolution of marriage case; that he was contesting payment of alimony to his wife of thirty years in that case; and that he was predisposed toward husbands in dissolution matters. Petitioner said that she is a wife of over thirty years as is the judge’s wife, and that she fears that in her case, the judge would side with her husband without looking at the evidence presented.
The trial judge entered an order denying the motion for disqualification, stating: “The motion and affidavit for disqualification are filled with statements which are hearsay upon heresay [sic] upon heresay [sic], are factually incorrect, and, therefore, are legally insufficient” (emphasis added). The instant petition followed.
If a judge attempts to refute the factual assertions in a motion for disqualification, he or she is deemed to have taken an adversarial role in the matter, which itself warrants disqualification. See Clark Auto Leasing & Rentals, Inc. v. Lupo, 547 So. 2d 1016 (Fla. 4th DCA 1989). See also Bundy v. Rudd, 366 So. 2d 440 (Fla.1978); Ryon v. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988).
Here, as petitioner points out, the trial judge, in his order denying the motion for disqualification, states that the allegations of the motion are “factually incorrect.” Accordingly, we agree with petitioner that the wording of the order alone constitutes sufficient grounds to require disqualification of the trial judge. Accordingly, we grant the petition.
ANSTEAD, GLICKSTEIN and STONE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Auerbach v. City OF Miami, 929 So. 2d 693 (Fla. 3d DCA 2006)…er” review of a circuit court decision, quashal of the variance is required. See City of Jacksonville v. Taylor, 721 So. 2d 1212 (Fla. 1st DCA 1998), review denied, 732 So. 2d 328 (Fla.1999); Maqueira v. Montessori Children’s Sch. of Key West, Inc., 622 So. 2d 597 (Fla. 3d DCA 1993); Maturo, 619 So. 2d at 455; Herrera, 600 So. 2d at 561; Metro. Dade County v. Betancourt, 559 So. 2d 1237 (Fla. 3d DCA 1990); Hemisphere Equity Realty Co., 369 So. 2d at 996; cf. Chisholm Props. S. Beach, Inc. v. City of Miami Bea…
-
Shumpert v. State, 703 So. 2d 1128 (Fla. 2d DCA 1997)…’ between the trial judge and the litigant. Bundy, 366 So. 2d at 442 (citation omitted). The most flagrant violation of this rule occurs when the trial court unequivocally states that the allegations in the affidavit are untrue. See Frost v. Ward, 622 So. 2d 597 (Fla. 4th DCA 1993); Hill v. Feder, 564 So. 2d 609 (Fla. 3d DCA 1990). Trial courts which conduct hearings, receive affidavits from third parties, or engage in argument with the filing attorney to determine the factual correctness of allegations in…
-
Valltos v. State, 707 So. 2d 343 (Fla. 2d DCA 1997)…attempts to refute the charges of partiality in an order denying the motion exceed the proper scope of inquiry and on that basis alone establish grounds for disqualification. See Bundy v. Rudd, 366 So. 2d 440, 442 (Fla.1978). See also Frost v. Ward, 622 So. 2d 597 (Fla. 4th DCA 1993); Townsend v. State, 564 So. 2d 594 (Fla. 2d DCA 1990); Hill v. Feder, 564 So. 2d 609 (Fla. 3d DCA 1990); Clark Auto Leasing and Rentals, Inc. v. Lupo, 547 So. 2d 1016 (Fla. 4th DCA 1989). This principle applies with equal force t…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- THE Florida BAR v. Sanford Freed, 366 So. 2d 440 (Fla. 1978)
- Clark Auto Leasing & Rentals, Inc. v. Lupo, 547 So. 2d 1016 (Fla. 4th DCA 1989)
- Thomas N. Ryon, M.D. v. Honorable James M. Reasbeck, 525 So. 2d 1024 (Fla. 4th DCA 1988)