CHRISTOPHER COLARUSSO, PETITIONER,
v.
BRENNA MYERS COLARUSSO, RESPONDENT
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Trial judge's negative personal commentary about petitioner's behavior created a well-founded fear of bias sufficient to grant a writ of prohibition disqualifying the judge from the dissolution case.
A judge's decidedly negative personal commentary about a party's behavior, in the context of a dissolution proceeding, creates a well-founded fear of unfair treatment sufficient to warrant disqualification.
[1] A motion to recuse a trial judge is legally sufficient when the judge's negative personal commentary about a party's behavior creates in a reasonably prudent person a wel…
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Join FLexlaw to unlock all legal intelligenceChristopher Colarusso sought to disqualify the trial judge in his dissolution of marriage case based on the judge's negative personal commentary conce…
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Petitioner Christopher Colarusso seeks a writ of prohibition preventing the trial judge from conducting further proceedings in the petitioner’s dissolution of marriage case. “A motion to recuse or disqualify a trial judge is legally sufficient when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial.” Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214, 216 (Fla. 3d DCA 2005). A review of the verified motion to disqualify demonstrates that it is legally sufficient. The judge’s decidedly negative commentary concerning his personal opinion of the petitioner’s behavior, when viewed in the context of, and at this stage of, the dissolution proceeding, is sufficient to create in a reasonably prudent person a well-founded fear that he would not receive a fair hearing before this judge. See Miami Dade College v. Tumberry Inv., Inc., 979 So.2d 1211 (Fla. 3d DCA 2008); Valdes-Fauli, 903 So.2d at 214; Kopel v. Kopel, 832 So.2d 108 (Fla. 3d DCA 2002); Royal Caribbean Cruises, Ltd. v. Doe, 767 So.2d 626 (Fla. 3d DCA 2000); Tindle v. Tindle, 761 So.2d 424 (Fla. 5th DCA 2000). Accordingly, we grant the petition. We are certain that it will be unnecessary to issue a formal writ.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
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Molina v. Perez, 187 So. 3d 909 (Fla. 3d DCA 2016)…) (quoting Brofman, 703 So. 2d at 1192), (emphasis added). In this case we agree with the petitioner that the alleged comments could reasonably have caused her to “fear that she would not receive a fair trial.” As stated in Colarusso v. Colarusso, 20 So. 3d 985, 986 (Fla. 3d DCA 2009), “[t]he judge’s decidedly negative commentary concerning his personal opinion of the petitioner’s behavior, when viewed in the context of, and at this stage of, the dissolution proceeding, is sufficient to create in a reasona…
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Cisneros v. Guinand, 298 So. 3d 1184 (Fla. 3d DCA 2021)
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Martinez v. Cramer, 111 So. 3d 206 (Fla. 4th DCA 2013)…eanor, including that “her face, her voice, her sound, maybe unpleasant to everyone else,” save the ward, would lead any reasonably prudent person to fear that she would not receive a fair hearing before the judge. See, e.g., Colarusso v. Colarusso, 20 So. 3d 985, 986 (Fla. 3d DCA 2009). Although respondent contends that a judge’s comments in the course of attempting to control the courtroom are ordinarily not legally sufficient to require disqualification, see Braddy v. State, 111 So. 3d 810, 833-34, 2012…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)
- Kopel v. Bernardo Kopel, 832 So. 2d 108 (Fla. 3d DCA 2002)
- Royal Caribbean Cruises, Ltd. v. Jane DOE and her spouse, 767 So. 2d 626 (Fla. 3d DCA 2000)
- Miami Dade Coll. v. Turnberry Invs., Inc., 979 So. 2d 1211 (Fla. 3d DCA 2008)
- Tindle v. Tindle, 761 So. 2d 424 (Fla. 5th DCA 2000)