CAMPBELL SOUP COMPANY, PETITIONER,
v.
HONORABLE SUSAN W. ROBERTS, RESPONDENT
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Campbell Soup Company petitioned for a writ of prohibition to disqualify a trial judge from presiding over a products liability case. The court granted the petition based on the judge's statements suggesting bias against Campbell, including comments doubting the credibility of Campbell's corporate affidavits and indicating sympathy for Campbell's discharged counsel.
The court granted the petition for writ of prohibition, finding that the judge's comments about Campbell's credibility and her evident sympathy for the discharged counsel sufficiently warranted Campbell's concerns about receiving a fair trial. The court assumed the trial judge would remove herself from further proceedings in the case.
[1] Adverse rulings by a trial court, in themselves, do not form the basis of a successful petition for writ of prohibition.
[2] A trial court abuses its discretion by denying a motion to withdraw filed by discharged counsel, thereby forcing the client to continue with counsel it no longer wishes t…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“You know something, I would like to protect [trial counsel]. Just from knowing the little bit about this exchange that I do know about it, it looks to me like [trial counsel] is sort of an innocent victim, and I don't like the way he's been treated.”
The judge's statement expressing sympathy for the discharged counsel and revealing bias against Campbell, providing a reasonable basis for Campbell's fear of unfair treatment.
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Join FLexlaw to unlock all legal intelligenceCampbell discharged its local trial counsel shortly before trial, concerned about the attorney's preparation and communication. The discharged counsel…
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PER CURIAM.
Campbell Soup Company (Campbell) filed its petition for writ of prohibition after the respondent judge denied its motion to disqualify her from presiding over a products liability trial as facially insufficient. Many of the grievances which Campbell claims unfairly prejudice it from receiving a fair trial can be characterized as adverse rulings, and cannot form the basis of a successful petition for writ of prohibition. Gilliam v. State, 582 So. 2d 610 (Fla.1991). Two areas, however, cause us concern with regard to the facial sufficiency of the motion filed below.
The first relates to an unusual factual development involving Campbell’s trial counsel. Concerned that local trial counsel was not prepared, and had not kept it informed of developments in the ease, Campbell discharged the attorney shortly before the scheduled trial date. As would be expected, counsel then moved to withdraw from the ease. The trial court denied the motion. Counsel was then forced into the untenable position of representing a corporate client which had discharged him, and with whom there was at least the prospect of becoming a civil antagonist. The trial court explained that its decision was made to protect Campbell’s new counsel from being unprepared for the imminent trial date, and inferred that the discharged counsel would not have to participate in the trial itself. While the trial court’s concern to assure a litigant is properly pre pared for trial is laudable, we think other measures, such as a continuance, would have effected that design without forcing the party to continue in the case with counsel it had chosen to discharge.
Aggravating circumstances even more, the trial court clearly indicated that it was siding with the attorney in question in this dispute by stating, “You know something, I would like to protect [trial counsel]. Just from knowing the little bit about this exchange that I do know about it, it looks to me like [trial counsel] is sort of an innocent victim, and I don’t like the way he’s been treated.” Based on this statement, Campbell’s assertion in its motion and accompanying affidavit that these circumstances had given it a well-grounded fear that it would not receive a fair and impartial trial is reasonable. See Rogers v. State, 630 So. 2d 513 (Fla.1993).
During the process in which Campbell discharged its trial counsel, an affidavit from its corporate legal staff was presented to the trial court. After examining the affidavit, it expressed doubt as to its reliability, commenting that “[I]f the president of Campbell Soup were to file a similar affidavit, I don’t know how much credence I would give it if it had the same things in it.”
As a general proposition, a statement by a trial judge that he or she feels a party has lied in the case is generally regarded as indicating a bias against the party. Deauville Realty Co. v. Tobin, 120 So. 2d 198 (Fla. 3d DCA 1960). More recently, a petition for writ of prohibition was granted because the trial court, having been presented an affidavit from a party, commented, “If [the party] were here I wouldn’t believe him anyway.” Brown v. St. George Island, Ltd., 561 So. 2d 253 (Fla.1990). A district court discussed a similar judicial comment about a party’s believability (“as thin as a balloon”), and granted a petition for writ of prohibition. Owens-Corning Fiberglas Corporation v. Parsons, 644 So. 2d 340 (Fla. 1st DCA 1994).
We conclude that the respondent judge’s comments about the credibility of this corporate party sufficiently warranted its concerns about the fairness of the upcoming trial. Accordingly, we grant the petition, but withhold issuance of a formal writ on the assumption that the trial court will remove itself from hearing any further matters in this case.
ALTENBERND, A.C.J., and LAZZARA and QUINCE, JJ., concur.
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Boatman v. State, 364 So. 3d 1005 (Fla. 2024)…the topic of scheduling and trial readiness. Although it has been said that “a statement by a trial judge that he or she feels a party has lied in the case is generally regarded as indicating a bias against the party," Campbell Soup Co. v. Roberts, 676 So. 2d 435, 436 (Fla. 2d DCA 1995), that proposition does not apply here. Even if counsel never said the defense was “extraordinarily close,” the judge's frustration centered around the defense failing to calendar depositions the defense represented would be…
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Hous. Auth. OF the City OF Tampa v. Burton, 873 So. 2d 356 (Fla. 2d DCA 2004)…ore Mariner Condo. Ass’n v. Antonious, 722 So. 2d 247 (Fla. 2d DCA 1998) (disqualifying judge for instructing defendant to amend his pleadings to include additional defenses, thus creating the appearance of favoritism); Campbell Soup Co. v. Roberts, 676 So. 2d 435, 436 (Fla. 2d DCA 1995) (judge’s statement that defendant’s dismissed counsel was “innocent victim” and insistence that counsel continue to represent defendant created well-grounded fear about judge’s inability to be impartial); Zuchel v. State, 824…
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Jimenez v. Ratine, 954 So. 2d 706 (Fla. 2d DCA 2007)…her amended motion to disqualify. . See Gates, 784 So. 2d at 1237 (holding that the trial judge should have granted a motion to disqualify where the judge threatened to humiliate defense counsel in front of the jury); Campbell Soup Co. v. Roberts, 676 So. 2d 435, 436 (Fla. 2d DCA 1995) (noting that an allegation that a party had a "well-grounded fear that it would not receive a fair and impartial trial” was reasonable where the party alleged that the trial judge viewed trial counsel as an innocent victim an…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Burley Gilliam v. State, 582 So. 2d 610 (Fla. 1991)
- Brown v. ST. George Island, Ltd., 561 So. 2d 253 (Fla. 1990)
- Rogers v. State, 630 So. 2d 513 (Fla. 1993)
- Deauville Realty Co., Inc. v. Tobin, 120 So. 2d 198 (Fla. 3d DCA 1960)
- Owens-Corning Fiberglas Corp. v. Parsons, 644 So. 2d 340 (Fla. 1st DCA 1994)