MIAMI-DADE COUNTY EXPRESSWAY AUTHORITY, PETITIONER,
v.
ELECTRONIC TRANSACTION CONSULTANTS CORPORATION, RESPONDENT
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MDX's petition for writ of prohibition to disqualify the trial judge is granted because the judge's prejudgment of the case requires disqualification and remand for reassignment.
A trial judge must be disqualified when the judge's statements and conduct demonstrate prejudgment of the case before all evidence has been presented.
[1] A trial judge must be disqualified when the judge's statements or conduct demonstrate prejudgment of the case or a party's credibility, or when the judge announces a ruli…
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Join FLexlaw to unlock all legal intelligence“disqualification is required where the trial judge's comments suggested that she had prejudged the case”
Court citing Wolfson v. Wolfson to establish the standard for disqualification based on prejudgment
MDX filed a motion to disqualify the trial judge in a case before the circuit court. The trial judge had made comments and issued rulings suggesting p…
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Miami-Dade County Expressway Authority (“MDX”) seeks a writ of prohibi*1060tion disqualifying the trial judge and an order remanding the case to the circuit court for the reassignment of the case to another judge. Because we conclude that the motion to disqualify the trial judge filed below was both timely and legally sufficient, disqualification is required. See Wolfson v. Wolfson, 159 So.3d 394, 394 (Fla. 3d DCA 2015) (finding that disqualification is required where the trial judge’s comments suggested that she had prejudged the case); Wade v. Wade, 123 So.3d 697, 698 (Fla. 3d DCA 2013) (holding that disqualification is required where the trial court announced its ruling before hearing all of the evidence); Cummings v. Montalvo, 135 So.3d 389, 389 (Fla. 5th DCA 2014) (finding that disqualification was required because the judge’s statements reflected that she had prejudged a party’s credibility); Amato v. Winn Dixie Stores/Sedgwick James, 810 So.2d 979, 980-83 (Fla. 1st DCA 2002) (finding that disqualification was required where the trial court had issued an order on the merits before all of the evidence had been submitted, even though the trial court subsequently vacated the order). We, therefore, grant the petition and remand for reassignment of the case to another judge.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Amato v. Winn Dixie Stores/Sedgwick James, 810 So. 2d 979 (Fla. 1st DCA 2002)
- S.L. Wade v. D.T. Wade, 123 So. 3d 697 (Fla. 3d DCA 2013)
- Wolfson v. Wolfson, 159 So. 3d 394 (Fla. 3d DCA 2015)
- Cummings v. Brilliant Montalvo, 135 So. 3d 389 (Fla. 5th DCA 2014)
- Preben Olesen v. Gen. Elec. Cap. Corp., 135 So. 3d 389 (Fla. 5th DCA 2014)