CARNIVAL CORPORATION, PETITIONER,
v.
ARIEL S. VELCHEZ, RESPONDENT
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The court held that the judge's prior comments in a different case did not demonstrate bias disqualifying her from presiding over the current, unrelated seaman injury claim.
Carnival Corporation petitioned for a writ of prohibition, arguing a judge should be disqualified due to alleged bias against the cruise line industry…
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SORONDO, J.
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 made by this judge in Royal Caribbean must be read in their proper context. There, the judge made comments which were specifically directed at cases involving sexual assaults aboard cruise ships. Her comments concerning the cruise line industry’s litigation tactics were also directed at that particular type of case. Indeed, the judge made reference to a “national news magazine show” that addressed these sexual assaults. We agree with petitioner that it has reasonable grounds to believe that this judge cannot be fair in such cases.
The present case, however, is a simple claim brought by a seaman alleging that he was injured during his employment. We do not believe that the judge’s comments in Royal Caribbean disqualify her here.
The petition for writ of prohibition is denied.
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Previewing 3 of 9 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)
- Royal Caribbean Cruises, Ltd. v. Jane DOE and her spouse, 767 So. 2d 626 (Fla. 3d DCA 2000)