CANDICE WOLFSON, PETITIONER,
v.
HOWARD WOLFSON, RESPONDENT
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Candice Wolfson petitions this Court for a writ of prohibition to prevent the trial judge from presiding over the parties’ post-dissolution proceeding after the trial court denied her verified motion to disqualify. We find that the motion for disqualification was legally sufficient as the trial judge’s comments indicate that she had prejudged the case. See Barnett v. Barnett, 727 So.2d 311, 312 (Fla. 2d DCA 1999) (“While it is well-settled that a judge may form mental impressions and opinions during the course of hearing evidence, he or she may not prejudge the case.”). As such, we conclude that the petitioner’s fear of partiality is reasonable, and we grant the petition. We are confident it will be unnecessary to formally issue the writ. See Van v. Unifund CCR, LLC, 154 So.3d 522 (Fla. 5th DCA 2015); Kopel v. Kopel, 832 So.2d 108 (Fla. 3d DCA 2002); Southeast Bank v. Capua, 584 So.2d 101 (Fla. 3d DCA 1991).
Writ granted.
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Smith v. Smith, 224 So. 3d 740 (Fla. 2017)…744] daughter of Respondent, J. Alan Smith (Alan), in 2010 after Alan was involved in an automobile accident in which he suffered head trauma. Smith, 199 So. 3d at 911; id. at 914 (Warner, J., dissenting); see also Martinez v. Guardianship of Smith, 159 So. 3d 394, 396 (Fla. 4th DCA 2015). According to Alan’s daughter, Alan was no longer competent to handle his financial affairs or care for his property as a result of his diminished mental capacity. In April 2010, Alan was determined to be partially incapacit…
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Smith v. Smith, 199 So. 3d 911 (Fla. 4th DCA 2016)…g that Martinez simply did not communicate well with the staffs of the facilities. Smith was transferred in and out of various facilities, sometimes because he developed infections at the facilities. As we found in Martinez v. Guardianship of Smith, 159 So. 3d 394, 401 (Fla. 4th DCA 2015), there were reasons for each transfer. Martinez sought to have Smith in a home where they could reside together, with nursing aids present, while Cramer wanted him in a nursing facility. Given this friction, Cramer petition…
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Wolfson v. Wolfson, 185 So. 3d 1273 (Fla. 3d DCA 2016)…it seems, by limitless resources. See Wolfson v. Wolfson, 173 So. 3d 1146 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 173 So. 3d 1136 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 2015 WL 6473140, No. 3D15-1808 (Fla. 3d DCA Aug. 31, 2015); Wolfson v. Wolfson, 159 So. 3d 394 (Fla. 3d DCA 2015); Wolfson v. Wolfson, 2015 WL 745770, No. 15-99 (Fla. 3d DCA Jan. 28, 2015). . The family court trial judge, Stanford Blake, has a long history of familiarity with the parties. He had been capably managing and handling this case f…
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- Barnett v. Barnett, 727 So. 2d 311 (Fla. 2d DCA 1999)
- Kopel v. Bernardo Kopel, 832 So. 2d 108 (Fla. 3d DCA 2002)
- Se. Bank, N.A. v. The Honorable S. Peter Capua, 584 So. 2d 101 (Fla. 3d DCA 1991)
- Quoc VAN v. Unifund CCR, LLC., 154 So. 3d 522 (Fla. 5th DCA 2015)
- S. Atl. Trucking Co. v. Bernuth Agencies, Inc., 584 So. 2d 101 (Fla. 3d DCA 1991)