BRIAN GARNER, APPELLANT,
v.
MABEL MARTINEZ, ETC., APPELLEE
Explore caselaw by topic → Browse Recusal Of Judge cases and more on FLexlaw
PER CURIAM.
There is no doubt that the trial judge’s participation in an ex-parte hearing at which opposing counsel made highly adverse statements concerning the absent and unrepresented appellant was so irremediably improper that he was mandatorily required to recuse himself. See Rollins v. Baker, 683 So. 2d 1138 (Fla. 5th DCA1996); Wilson v. Armstrong, 686 So. 2d 647 (Fla. 1st DCA 1996); Hanson v. Hanson, 678 So. 2d 522 (Fla. 5th DCA 1996); Hatin v. Mitjans, 578 So. 2d 289 (Fla. 3d DCA 1991), review denied, 591 So. 2d 181 (Fla.1991). Accordingly, we reverse the order under review denying the appellant’s motion for disqualification. Because the irregularity permeated the entire proceeding, we also vacate the order appointing a limited guardian1 and remand for appropriate proceedings before another judge.
Reversed, vacated and remanded.
. We need not consider the appellant's other claims of error in this ruling.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Brake v. Eve E. Murphy, 693 So. 2d 663 (Fla. 3d DCA 1997)…de the instant writ should be granted. Our decision today should remedy any real or perceived injustice experienced by petitioners and provides the relief sought. See Rollins v. Baker, 683 So. 2d 1138 (Fla. 5th DCA 1996);see also Garner v. Martinez, 691 So. 2d 9 (Fla. 3d DCA 1997). Accordingly, we grant the petition for writ of prohibition. We direct the disqualification of the trial judge, and remand the case for appropriate proceedings before another judge. On authority of Strazzulla, we reconsider and r…
-
Holter v. Dohnansky, 917 So. 2d 242 (Fla. 5th DCA 2005)…ble person might under the circumstances justifiably fear that a judge was biased against him or her because of the ex parte■ unrecorded hearing and the sua sponte issuance by the judge of an order adverse to the petitioner. Cf., Garner v. Martinez, 691 So. 2d 9 (Fla. 3d DCA 1997); Brake v. Murphy, 693 So. 2d 663 (Fla. 3d DCA), review denied, 700 So. 2d 686 (Fla.1997); Rollins v. Baker, 683 So. 2d 1138 (Fla. 5th DCA 1996). We do not mean to imply by this opinion that the respected trial judge in this case a…
Authorities Cited
- Hanson v. Hanson, 678 So. 2d 522 (Fla. 5th DCA 1996)
- Rollins v. Hon. Joseph P. Baker, 683 So. 2d 1138 (Fla. 5th DCA 1996)
- Wilson v. Armstrong, 686 So. 2d 647 (Fla. 1st DCA 1996)
- Hatin v. Aurelio Mitjans, M.D., 578 So. 2d 289 (Fla. 3d DCA 1991)