ENVIRONMENTAL FARMS, INC., A FLORIDA CORPORATION, AND THOMAS A. THAYER, PETITIONERS,
v.
THE HONORABLE SUSAN W. ROBERTS, AS CIRCUIT JUDGE OF THE TENTH JUDICIAL CIRCUIT, AND BARBER'S PRODUCE, INC., A FLORIDA CORPORATION, AND JACK N. BARBER, RESPONDENTS
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PER CURIAM.
The petitioners seek disqualification of the trial judge based on a statement she allegedly made at a summary judgment hearing. We conclude that the sworn motion and its supporting documentation were legally sufficient. See Livingston v. State, 441 So. 2d 1083 (Fla.1983); Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981). Our conclusion is not a comment on the fairness of the trial judge, but on the legal sufficiency of the motion. Therefore, we grant the petition for writ of prohibition, but assume it will be unnecessary to issue the formal writ. We are confident that the trial judge will, upon receipt of this opinion, recuse herself from this cause and the cause, thereafter, will be reassigned to a new trial judge according to the established procedures utilized in the Tenth Judicial Circuit.
CAMPBELL, A.C.J., and SCHOONOVER and BLUE, JJ., concur.
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DeVAUGHN v. DeVAUGHN, 840 So. 2d 1128 (Fla. 5th DCA 2003)…appointment. See Estate of Snyder, 333 So. 2d at 520. Further, we know that the probate court has the inherent authority to consider a person’s character, ability, and experience to serve as personal representative. See Padgett v. Estate of Gilbert, 676 So. 2d 440, 443 (Fla. 1st DCA 1996). However, if the statutorily preferred person is not appointed, the record must show that the person is not fit to be appointed. If the record supports the conclusion that the statutorily preferred person “lacks the necessar…
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Schleider v. The Est. OF Anne Schleider, 770 So. 2d 1252 (Fla. 4th DCA 2000)….D.Fla.1979); Pontrello, 528 So. 2d at 442-43. Only in exceptional circumstances does a court have the discretion to refuse to appoint a person as personal representative who was named in the decedent’s will. See, e.g., Padgett v. Estate of Gilbert, 676 So. 2d 440, 443 (Fla. 1st DCA 1996); In re Estate of Miller, 568 So. 2d 487, 489 (Fla. 1st DCA 1990); Pontrello, 528 So. 2d at 443; In re Estate of Snyder, 333 So. 2d 519, 520 (Fla. 2d DCA 1976). Pontrello sets forth one example Qf such exceptional circumstan…
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Garcia v. Morrow, 954 So. 2d 656 (Fla. 3d DCA 2007)…ed person is not fit to be appointed as the representative: [W]e know that the probate court has the inherent authority to consider a person’s character, ability, and experience to serve as personal representative. See Padgett v. Estate of Gilbert, 676 So. 2d 440, 443 (Fla. 1st DCA 1996). However, if the statutorily preferred person is not appointed, the record must show that the person is not fit to be appointed. If the record supports the conclusion that the statutorily preferred person “lacks the necessar…
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- Livingston v. State, 441 So. 2d 1083 (Fla. 1983)
- Hayslip v. The Honorable Paul T. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981)