KEITH D. LIMEHOUSE, APPELLANT,
v.
JAMES D. WHITTEMORE, APPELLEE
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Affirmed dismissal of fraud complaint against judge based on absolute judicial immunity doctrine, which protects judges from liability for acts performed in their judicial capacity unless they clearly lack jurisdiction.
A judge is protected by absolute judicial immunity from liability for acts performed in his judicial capacity over a matter within the court's jurisdiction.
[1] Absolute judicial immunity protects judges from liability for damages for acts performed in their judicial capacity unless they clearly act without jurisdiction.
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Join FLexlaw to unlock all legal intelligence“This well recognized doctrine it exists for the benefit of the public and our judicial system, not for the benefit of the trial judge.”
Explaining the purpose of absolute judicial immunity doctrine
Limehouse sued his former attorneys for malpractice; Judge Whittemore presided and granted summary judgment for the attorneys; Limehouse then sued Jud…
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SALCINES, Judge.
Keith D. Limehouse appeals the dismissal of his complaint against Judge James D. Whittemore. We affirm. Limehouse instituted a malpractice action against the attorneys who had once represented him in a matter. Judge Whittemore was the presiding judge over that malpractice suit. The attorneys moved for summary judgment. Judge Whittemore granted the motion.
Subsequently, Limehouse filed the complaint which is the subject of this appeal asserting that Judge Whittemore committed fraud when he issued the order granting summary judgment in favor of the attorneys. The trial court entertaining the complaint for fraud against Judge Whitte-more granted a motion to dismiss the complaint with prejudice based upon the doctrine of absolute judicial immunity,
Florida’s long-standing doctrine which protects judges from liability for damages for acts performed in the course of their judicial capacities unless they clearly act without jurisdiction, clearly governs this case. See Johnson v. Harris, 645 So. 2d 96, 97-98 (Fla. 5th DCA 1994). This doctrine is essential to the preservation of an independent judiciary. This well recognized doctrine it exists for the benefit of the public and our judicial system, not for the benefit of the trial judge. Id. We hold that the dismissal was proper because Judge Whittemore clearly was acting in his judicial capacity in a matter over which his court had jurisdiction when he issued the subject order. Affirmed.
BLUE, A.C.J., and NORTHCUTT, J„ Concur.
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Honorable Jim Fuller v. Truncale, 50 So. 3d 25 (Fla. 1st DCA 2010)…ual from having to defend a suit, O'Brien will effectively lose his entitlement to qualified immunity if the case proceeds to trial, thereby causing irreparable injury to O’Brien”). . See Johnson, 645 So. 2d at 98; see also Limehouse v. Whittemore, 773 So. 2d 86, 87 (Fla. 2d DCA 2000). . See Cunningham v. Fla. Dept’ of Children & Families, 782 So. 2d 913, 918 (Fla. 1st DCA 2001). . Black’s Law Dictionary, 1011 (7th ed. 1999). . See Mink, 2010 WL 26906233, at *2. . Id. at *2, quoting In re Castillo, 297…
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Cunningham v. Fla. Dep't OF Child. & Families, 782 So. 2d 913 (Fla. 1st DCA 2001)…t was made recklessly or maliciously. See Sparkman. The purpose of affording judges immunity for acts performed in their official capacities is to protect the independence of the judiciary in the decision making process. See Limehouse v. Whittemore, 773 So. 2d 86 (Fla. 2d DCA 2000). The policies that justify a grant of absolute immunity for judges apply as well to non-judicial officers who perform judicial functions. See Office of the State Attorney, Fourth Judicial Circuit v. Parrotino, 628 So. 2d 1097 (Fl…
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Torres v. Honorable Lawrence Lefler, 257 So. 3d 1095 (Fla. 2d DCA 2018)…al injury or he has obtained a written certification from a Florida attorney about the merits of his case. The order dismissing Mr. Torres's 42 U.S.C. § 1983 action with prejudice is affirmed without further discussion. See Limehouse v. Whittemore, 773 So. 2d 86, 87 (Fla. 2d DCA 2000). The show cause order gave Mr. Torres ten days to show cause why the court should not impose sanctions. Mr. Torres appealed the order prior to the expiration of the ten-day period. Where the court merely reserves jurisdicti…
Authorities Cited
- Johnson v. Harris, 645 So. 2d 96 (Fla. 5th DCA 1994)