BRIAN FOREHAND, AN INDIVIDUAL, AND MEAGAN FOREHAND, AN INDIVIDUAL, PETITIONERS,
v.
WALTON COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, AND PREBLE-RISH, INC., A FLORIDA FOR-PROFIT CORPORATION, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Petitioners sought to disqualify a trial judge based on alleged bias stemming from adverse rulings and the judge's reference to personal knowledge of storm damage in a neighboring county. The court denied the disqualification petition, holding that a judge's general awareness of community events and adverse evidentiary rulings cannot constitute grounds for disqualification.
The petition for disqualification is denied. A trial judge's general awareness of community events such as storms and flooding is insufficient to establish bias absent a particularized demonstration of prejudice, and a judge's adverse evidentiary rulings cannot serve as a basis for disqualification.
[1] A motion for judicial disqualification is legally sufficient when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fai…
[2] The party seeking disqualification bears the burden to show a well-founded fear of not receiving a fair trial.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A motion for disqualification 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."”
Establishes the legal standard for evaluating disqualification motions
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioners sued Walton County for inverse condemnation and injunctive relief due to property damage allegedly caused by a county drainage project. Th…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Well-Founded Fear Of Unfair Trial cases and more on FLexlaw
In this case, petitioners unsuccessfully sought to disqualify the trial judge based upon his rulings adverse to petitioners, and his comments on his knowledge of rainstorms that had affected areas in the Florida Panhandle. We deny relief.
Petitioners sued Walton County, in part, for inverse condemnation and injunctive relief, alleging they suffered property damage caused by a county drainage project. By agreement of the parties, the liability phase of the inverse condemnation action and the claim for injunctive relief were to be decided by the trial judge. During the three-day trial, petitioners submitted photographs of erosion from storm events ranging from “ordinary Florida downpours to a large rainstorm, which occurred on April 30, 2014.” At the close of the arguments on the county’s motion for directed verdict, the trial judge made reference to the evidence and testimony submitted by the parties, stating he was aware of storm damage in a neighboring county resulting from the same storm. At the end of the trial, the trial judge ruled in favor of the county.
Petitioners -filed a timely motion to disqualify, claiming the trial judge had demonstrated bias against them (a) by ruling in the county’s favor by relying on his personal knowledge of neighboring storm damage and (b) by adverse evidentiary rulings. The trial judge denied the motion to disqualify as legally insufficient, and the petitioners now seek a writ of prohibition.
A motion for disqualification 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). The party seeking disqualification bears the burden to show a well-founded fear of not receiving a fair trial. See Adkins v. Winkler, 592 So.2d 357 (Fla. 1st DCA 1992). “A verified motion for disqualification must contain an actual factual foundation for the alleged fear of prejudice.” Fischer v. Knuck, 497 So.2d 240, 242 (Fla.1986). A mere “subjective fear[ ]” of bias will not be legally sufficient; rather, the fear must be objectively reasonable. Id.
In this ease, our review of the record — including the trial judge’s passing reference to knowledge of events in a neighboring county caused by the April 80, 2014, storm — fails to show a basis for dis*519qualification. Trial judges are permitted to be aware of events in their own communities, such as storms, flooding, construction projects, and so on. General observations acknowledging such awareness are insufficient to establish a basis for disqualification, absent a more particularized demonstration than was shown in this case. As to the claim that the trial judge ruled against petitioners on certain evidentiary matters, it is well-established that a judge’s adverse rulings may not serve as a basis for disqualification. See Ault v. State, 53 So.3d 175, 204 (Fla.2010); Dep't of Agric. & Consumer Servs. v. Broward Cty., 810 So.2d 1056 (Fla. 1st DCA 2002).
PETITION DENIED.
LEWIS, MAEAR, and WINOKUR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
City OF Miami v. Vill. OF KEY Biscayne, 199 So. 3d 300 (Fla. 3d DCA 2016)…ng prohibition. Taken in context, the trial court’s statements that formed the basis of the City’s recusal motion did not create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial. Forehand v. Walton Cty., 172 So. 3d 517, 519 (Fla. 1st DCA 2015) (recognizing that “[tjrial judges are permitted to be aware of events in their own communities .... General observations acknowledging such awareness are insufficient to establish a basis for disqualification.”). ■ Therefor…
Authorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Ault v. State, 53 So. 3d 175 (Fla. 2010)
- Dep't of Agric. & Consumer Servs. v. Broward Cnty., 810 So. 2d 1056 (Fla. 1st DCA 2002)
- Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)
- Adkins v. Winkler, 592 So. 2d 357 (Fla. 1st DCA 1992)