GRACIELA CATASUS, PETITIONER,
v.
ANDREW TABONE, IMPERIAL HOUSE CONDOMINIUM ASSOCIATION, INC., AND MIRIAM ALONSO, RESPONDENTS
GRACIELA CATASUS, PETITIONER,
ANDREW TABONE, IMPERIAL HOUSE CONDOMINIUM ASSOCIATION, INC., AND MIRIAM ALONSO, RESPONDENTS
19 So. 3d 427
Florida District Court of Appeal, Third District (2009)
Positive Treatment
Cited by 1 case
Topics
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Opinion of the Court
Having agreed to recuse himself in a related proceeding because of a voluntarily-revealed personal relationship with parties in the lawsuit, the trial judge should have granted a motion for disqualification in this separate case involving those same parties.1 See Steinhorst v. State, 636 So.2d 498 (Fla.1994); Houck v. State, 669 So.2d 1131 (Fla. 3d DCA 1996). The present application for prohibition requiring his disqualification is therefore granted. *428We are certain that issuance of the formal writ will not be necessary.
Prohibition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rosales v. RIC L. Bradshaw (Fla. 4th DCA 2019)…ligan v. Mulligan, 877 So. 2d 791, 792 (Fla. 4th DCA 2004) (quoting Leigh v. Smith, 503 So. 2d 989, 991 (Fla. 5th DCA 1987)). The same principle applies where a judge recuses himself because of his relationship to a defendant. See Catasus v. Tabone, 19 So. 3d 427 (Fla. 3d DCA 2009) (holding that where the judge recused himself in a related proceeding because of a voluntarily revealed personal relationship with the parties, the judge should have granted a motion for disqualification in the separate case invo…
Authorities Cited
- Steinhorst v. State, 636 So. 2d 498 (Fla. 1994)
- Santoya Walls v. State, 910 So. 2d 432 (Fla. 4th DCA 2005)
- Whitfield v. State, 669 So. 2d 1131 (Fla. 3d DCA 1996)
- Fritzner Sanon v. State, 669 So. 2d 1131 (Fla. 3d DCA 1996)