CRESCENT HEIGHTS XLVI, INC., PETITIONER,
v.
SEA-AIR TOWERS CONDOMINIUM ASSOCIATION, INC., RESPONDENT
CRESCENT HEIGHTS XLVI, INC., PETITIONER,
SEA-AIR TOWERS CONDOMINIUM ASSOCIATION, INC., RESPONDENT
729 So. 2d 420
Florida District Court of Appeal, Fourth District (1999)
Positive Treatment
Cited by 5 cases
Opinion of the Court
PER CURIAM.
We grant the defendant’s petition for writ of prohibition to disqualify the presiding judge. The order granting the plaintiffs motion for temporary injunction included a direction to the plaintiff to amend its complaint to add a count for reformation. Plaintiff had not sought leave to amend its complaint. By offering legal advice to the plaintiff, the judge raised concern about his impartiality sufficient to require his disqualification. See Chastine v. Broome, 629 So. 2d 293 (Fla. 4th DCA 1993).
DELL, GUNTHER and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Cammarata v. Jones, 763 So. 2d 552 (Fla. 4th DCA 2000)…ires us to consider this petition from petitioner’s perspective.”). The judge in this case erred in suggesting to the Respondent’s counsel alternatives on how to proceed strategically. See Crescent Heights XLVI, Inc. v. Sea-Air Towers Condo. Ass'n, 729 So. 2d 420 (Fla. 4th DCA 1999); Shore Mariner Condo. Ass’n v. Antonious, 722 So. 2d 247 (Fla. 2d DCA 1998). “Obviously, the trial judge serves as the neutral arbiter in the proceedings and must not enter the fray by giving ‘tips’ to either side.” Chastine v. B…
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Blackpool Assocs., Ltd. v. SM-106, Ltd., 839 So. 2d 837 (Fla. 4th DCA 2003)…s order that denied disqualification as the trial court provided Blaekpool/Kevin Murphy with legal advice and suggestions. See Cammarata v. Jones, 763 So. 2d 552 (Fla. 4th DCA 2000); Crescent Heights XLVI, Inc. v. Sear-Air Towers Condo. Ass’n, Inc., 729 So. 2d 420 (Fla. 4th DCA 1999); Shore Mariner Condo. Ass’n v. Antonious, 722 So. 2d 247 (Fla. 2d DCA 1998), Chastine v. Broome, 629 So. 2d 293 (Fla. 4th DCA 1993). Hence, the successor judge may reconsider any prior factual or legal rulings. See Fla. R. Jud. A…
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Cabriano v. State (Fla. 4th DCA 2021)…Jones, 763 So. 2d 552, 553 (Fla. 4th DCA 2000) (finding disqualification was required because the judge “suggest[ed] to [plaintiff’s] counsel alternatives on how to proceed strategically”); Crescent Heights XLVI, Inc. v. Sea-Air Towers Condo. Ass’n, 729 So. 2d 420, 421 (Fla. 4th DCA 1999) (finding disqualification was required because the judge “offer[ed] legal advice” to the plaintiff); see also Chastine v. Broome, 629 So. 2d 293, 295 (Fla. 4th DCA 1993) (“When the judge enters into the proceedings and becom…
Authorities Cited
- Kirby Lynn Chastine v. The Honorable Va. Gay Broome, 629 So. 2d 293 (Fla. 4th DCA 1993)