ROYAL CARIBBEAN CRUISES, LTD., A LIBERIAN CORPORATION, PETITIONER,
v.
JANE DOE AND HER SPOUSE, JOHN DOE, RESPONDENTS
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Royal Caribbean petitioned for a writ of prohibition seeking disqualification of a trial judge who made remarks suggesting pre-existing bias against cruise line companies' litigation practices and management policies. The appellate court granted the petition, finding the judge's statements created a well-founded fear of unfair trial and constituted grounds for disqualification.
The trial judge should have withdrawn from the case. The judge's remarks were legally sufficient to create a well-founded fear that the party would not receive a fair trial, as they suggested pre-existing unfavorable opinions about the cruise line industry unrelated to the particular case. The motion was timely filed after the judge's statements were made on the record.
[1] A judge's remarks suggesting pre-existing unfavorable opinions about a party's industry and litigation tactics can create a well-founded fear of an unfair trial, warranti…
[2] A motion for disqualification is timely when filed after the judge makes remarks that give rise to the grounds for disqualification, even if the party was aware of the ju…
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Join FLexlaw to unlock all legal intelligence“You know, this is not the only case I have of sexual assaults on cruise ship lines. In fact, this topic has gotten so broad throughout the United States that — I even remember seeing some expose on the national news magazine shows... It's time that the cruise lines recognize human nature and the problem and dealt with it instead of saying it doesn't exist.”
Demonstrates the judge's pre-existing unfavorable opinions about the cruise line industry and its practices
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Join FLexlaw to unlock all legal intelligenceJane Doe filed suit against Royal Caribbean alleging a bartender placed drugs in her drink and sexually assaulted her during a cruise. Her husband sue…
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COPE, J.
Royal Caribbean Cruises, Ltd., petitions for a writ of prohibition, contending that the trial judge should have disqualified herself. We agree and grant the petition.
Plaintiff Jane Doe brought suit against Royal Caribbean, alleging that while on a Royal Caribbean cruise, a bartender put drugs in her drink and then sexually assaulted her. Her husband, John Doe, sued for loss of consortium.
Shortly after the lawsuit was filed, at a hearing on a discovery dispute, the court said:
THE COURT: You know, this is not the only case I have of sexual assaults on cruise ship lines. In fact, this topic has gotten so broad throughout the United States that — I even remember seeing some expose on the national news magazine shows, I don’t know what — I get them all mixed up. I don’t know whether they’re Dateline, 2%o, or 48 Hours, but it’s there.
It’s time that the cruise lines recognize human nature and the problem and dealt with it instead of saying it doesn’t exist.
(Emphasis added).
Later in the hearing the court suggested that discovery matters in the case be handled by a master, and, referring to the cruise line industry, said:
They have bitten the bullet, gone to the wall, all of the other things they want to say, I’m not sure that that’s a wise corporate policy, but that’s their choice, and they’re entitled to do it.
And my observation, from all of — and it’s not just them because I’m not exactly sure what — oh, but in the cruise line industry, I find that discovery is a matter of course, it’s like pulling eye teeth. They have obviously made that type of decision.
Royal Caribbean filed a motion for disqualification, which the trial court denied as legally insufficient and untimely, and this petition followed.
We think the quoted remarks are “ ‘reasonably sufficient’ to create a “well-founded fear’ in the mind of a party that he or she will not receive a fair trial.” Fischer v. Knuck, 497 So. 2d 240, 242 (Fla.1986) (citations omitted); see Dickenson v. Parks, 104 Fla. 577, 582, 140 So. 459, 462 (1932). The remarks suggest that the court has pre-existing unfavorable opinions about the management and litigation tactics of the cruise line industry. The remarks did not flow out of the judge’s experiences in this particular case, which had just been filed. The motion was legally sufficient.
The plaintiffs argue that the motion was untimely because in a similar lawsuit against Royal Caribbean in 1996, Royal Caribbean moved for disqualification of the judge and the judge granted the motion. Plaintiffs argue that, upon learning that the instant case had fallen in front of the same judge, Royal Caribbean was obliged to move immediately for disqualification. Plaintiffs contend that, having failed to do so at the outset of the case, the later-filed motion for disqualification was untimely.
We reject this argument. Royal Caribbean did not ask for disqualification based on anything which happened in 1996 in the previous lawsuit. Royal Caribbean’s complaint instead is about the remarks which the trial court made on the record in this case. Royal Caribbean timely filed its motion after the judge’s statements. See Fla. R. Jud. Admin. 2.160(e).
Plaintiffs also complain about the form of the oath on the. verified motion for disqualification. Assuming for purposes of discussion that there was any deficiency, it was cured by the additional affidavits which were filed.
We conclude that the trial judge should have withdrawn from the case. We grant the petition for writ of prohibition, but are confident it will be unnecessary to issue the writ.
Prohibition granted.
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Cited By (11 total)
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Mansfield v. State, 911 So. 2d 1160 (Fla. 2005)…standard for determining this motion. In this appeal, Mansfield does not explain the basis for Judge Perry’s comments causing a well-founded fear that he would not receive a fair trial. Mansfield only cites to Royal Caribbean Cruises, Ltd. v. Doe, 767 So. 2d 626, 627 (Fla. 3d DCA 2000). This was a case which involved comments by a trial judge concerning his personal views of the responsibilities of cruise lines in a case in which a cruise line was a defendant. We find the judge’s comments in that case to be…
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Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)…eelings were “very typical” and that it explained her “motivation,” presumably for requesting permanent alimony, suggesting a pre-existing unfavorable opinion of women seeking permanent alimony out of anger. See Royal Caribbean Cruises, Ltd. v. Doe, 767 So. 2d 626 (Fla. 3d DCA 2000)(following the denial of the cruise line’s motion for disqualification, the appellate court held that the motion should have been granted where the judge’s remarks suggested she had preexisting unfavorable opinions about the manage…
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Carnival Corp. v. Velchez, 789 So. 2d 366 (Fla. 3d DCA 2001)…Carnival Corporation petitions for a writ of prohibition contending that the trial judge should have disqualified herself. We disagree and deny the petition. The petition argues that this Court’s decision in Royal Caribbean Cruises Ltd. v. Doe, 767 So. 2d 626 (Fla. 3d DCA 2000), documents this trial judge’s bias against the cruise line industry and that petitioner has a “ ‘well-founded fear’ ... that [it] will not receive a fair trial.” Fischer v. Knuck, 497 So. 2d 240, 242 (Fla.1986). The statements m…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Dickenson v. Parks, 104 Fla. 577 (Fla. 1932)