TIM PALETTI AND MARK PALETTI, PETITIONERS,
v.
RICHARD CORBIN, ET AL., RESPONDENTS
TIM PALETTI AND MARK PALETTI, PETITIONERS,
RICHARD CORBIN, ET AL., RESPONDENTS
717 So. 2d 1056
Florida District Court of Appeal, First District (1998)
Positive Treatment
Cited by 6 cases
Opinion of the Court
PER CURIAM.
In a timely motion, petitioner Tim Paletti sought the disqualification of Acting Circuit Judge David E. Bembry on grounds of bias. We find that the facts of that motion, taken as true as they must be pursuant to Florida Rule of Judicial Administration 2.160(f), were sufficient to establish that a reasonably prudent person would fear that he would not receive a fair and impartial hearing before the judge. Denial of the motion was therefore error and we grant the petition for writ of prohibition, directing Judge Bembry to enter an order of recusal from further presiding over the cause in the lower tribunal.
PETITION GRANTED.
JOANOS and DAVIS, JJ., and SHIVERS, DOUGLASS B., Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Paletti v. State, 727 So. 2d 291 (Fla. 1st DCA 1999)…nd sentence in this case. On remand for further proceedings consistent with this opinion, we direct the chief judge of the circuit to appoint another judge to preside over this cause. MINER, ALLEN and BROWNING, JJ., CONCUR. . In Paletti v. Corbin, 717 So. 2d 1056 (Fla. 1st DCA 1998), this court granted Paletti’s petition for writ of prohibition and directed Judge Bem-bry to enter an order of recusal from further presiding over the underlying real property case. . Appellant had previously filed a written, fo…
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D.H. v. Dep't of Child. & Families, 12 So. 3d 266 (Fla. 1st DCA 2009)…sonably sufficient to create a well founded fear that the moving party would not receive a fair trial.” Kowalski v. Boyles, 557 So. 2d 885, 886 (Fla. 5th DCA 1990); see Rodriguez, 919 So. 2d at 1274; MacKenzie, 565 So. 2d at 1335; Paletti v. Corbin, 717 So. 2d 1056, 1056 (Fla. 1st DCA 1998) (concluding that allegations of bias in motion for disqualification “were sufficient to establish that a reasonably prudent person would fear that he would not receive a fair and impartial hearing before the judge”). A subj…
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Paletti v. Corbin, 742 So. 2d 343 (Fla. 1st DCA 1999)…e case. This "code” of restraint is not based solely on the law of the case but is founded upon considerations of comity and courtesy. Accord, In Holman v. Ford Motor Co., 239 So. 2d 40, 43 (Fla. 1st DCA 1970). . We note that in Paletti v. Corbin, 717 So. 2d 1056 (Fla. 1st DCA 1998), this court granted Appellants’ petition for writ of prohibition and directed Judge Bembry to enter an order of recusal from further presiding over this case.…