COPIERS INTERNATIONAL CORPORATION, A FLORIDA CORPORATION; AND RENE FORTE, INDIVIDUALLY, PETITIONERS,
v.
ALL AMERICAN BUSINESS SYSTEMS, INC., A FLORIDA CORPORATION; L.B.F. INVESTMENTS CO., A FLORIDA CORPORATION; AND SUSIE OROZCO, F/K/A SUSIE MESA, AN INDIVIDUAL, RESPONDENTS
PER CURIAM.
We grant the petition for a writ of prohibition to prevent the trial judge from presiding over this case. The judge’s remarks as to why plaintiff had not referred defendant Forte to the state attorney’s office for criminal prosecution based on the complaint’s allegations, and the judge’s direction that plaintiff conduct discovery to determine such criminal liability, provide a well-founded fear that Forte would not be afforded a fair trial. See Kopel v. Kopel, 27 Fla. L. Weekly D1190, - So. 2d -, 2002 WL 1022035 (Fla. 3d DCA May 22, 2002); Royal Caribbean Cruises, Ltd. v. Doe, 767 So. 2d 626 (Fla. 3d DCA 2000). The trial judge should have granted the motion to disqualify. We are confident that it will be unnecessary to formally issue the writ.
Writ granted.
Cases With Similar Vibessemantic neighbors from the corpus
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Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)…4th DCA 2002)(same); Lee v. State, 789 So. 2d 1105 (Fla. 4th DCA 2001)(same); Asbury v. State, 765 So. 2d 965 (Fla. 4th DCA 2000)(same); Chastine v. Broome, 629 So. 2d 293 (Fla. 4th DCA 1993)(same); Copiers Int’l v. All American Business Sys. Inc., 825 So. 2d 438 (Fla. 3d DCA 2002)(trial judge disqualified for inquiring why defendant had not been referred to state attorney’s office for prosecution in light of allegations of misconduct), and as the person uniquely charged with controlling the courtroom. But c…
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Kopel v. Bernardo Kopel, 832 So. 2d 108 (Fla. 3d DCA 2002)…2002)(same); Lee v. State, 789 So. 2d 1105 (Fla. 4th DCA 2001)(same); Asbury v. State, 765 So. 2d 965 (Fla. 4th DCA 2000)(same); Chastine v. Broome, 629 So. 2d 293 (Fla. 4th DCA 1993)(same); Copiers Int’l v. All American Business [*109] Sys., Inc., 825 So. 2d 438 (Fla. 3d DCA 2002)(trial judge disqualified for inquiring why defendant had not been referred to state attorney’s office for prosecution in light of allegations of misconduct), and as the person uniquely charged with controlling the courtroom. But c…
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Bank of Am. v. Atkin, 271 So. 3d 145 (Fla. 3d DCA 2019)
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Royal Caribbean Cruises, Ltd. v. Jane DOE and her spouse, 767 So. 2d 626 (Fla. 3d DCA 2000)