NRD INVESTMENTS, INC., PETITIONER,
v.
DR. NELVIS VELAZQUEZ, RESPONDENT
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PER CURIAM.
We grant the petition for writ of prohibition challenging the trial court’s order denying the Petitioner’s motion to disqualify the trial judge. The motion was legally sufficient, Fla. R. Jud. Admin. 2.330, and certainly the judge’s expression of displeasure with the case, his willingness to enter a final judgment against the Petitioner at such an early stage of the proceedings, and his prognostication in open court that the Petitioner would be faced with liability and large damages in the absence of any pleadings having been filed were sufficient to instill the fear that it would not receive a fair and impartial trial. Enter. Leasing Co. v. Jones, 789 So. 2d 964, 968 (Fla.2001)(standard for determining whether motion is legally sufficient is whether facts alleged place reasonably prudent person in fear of not receiving a fair trial); Valdes-Fauli v. Valdes-Fauli, 903 So. 2d 214, 217 (Fla. 3d DCA 2005)(judge calling wife in dissolution case “alimony drone” sufficient to place her in fear of not receiving fair trial).
We trust it will not be necessary to formally issue the writ.
Prohibition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miami Dade Coll. v. Turnberry Invs., Inc., 979 So. 2d 1211 (Fla. 3d DCA 2008)…ant the petition for writ of prohibition challenging the trial court’s order denying the Petitioner’s motion to disqualify the trial judge. The motion was legally sufficient. Fla. R. Jud. Admin. 2.330. Here, as in NRD Investments, Inc. v. Velazquez, 965 So. 2d 304 (Fla. 3d DCA 2007), the judge’s expression of displeasure with the case, his extemporaneous exchange with counsel and prognostication in open court that the Petitioner would lose the property and afford Respondents a profit, were sufficient to insti…
Authorities Cited
- Enter. Leasing Co. v. Josiah Nathaniel Douglas Jones, 789 So. 2d 964 (Fla. 2001)
- Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)