HILL
v.
IRIS ELIZABETH HILL & PONTE VEDRA ANIMAL HOSP., INC.
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A trial judge must be disqualified when comments made by the judge are sufficient to put a reasonably prudent person in well-founded fear of not receiving a fair or impartial hearing.
[1] A trial judge's disqualification may be required when judicial comments are sufficient to create an objectively reasonable, well-founded fear in a reasonably prudent pers…
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The court's standard for evaluating whether judicial comments warrant disqualification based on bias
Darryl Hill sought to disqualify the trial judge presiding over proceedings against Iris Elizabeth Hill and Ponte Vedra Animal Hospital, Inc. The judg…
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PER CURIAM.
Darryl Hill petitions this court for a writ of prohibition, challenging the denial of his timely motion to disqualify the trial judge presiding over the below proceedings. After a review of the record, including the transcript from the hearing described in Hill's motion to disqualify, we conclude that comments made by the judge at that hearing "were sufficient to put a reasonably prudent person in well-founded fear of not receiving a fair or impartial hearing or trial." State v. Gresham , 214 So. 3d 780, 781 (Fla. 5th DCA 2017) (citing Shuler v. Green Mountain Ventures, Inc. , 791 So. 2d 1213, 1215 (Fla. 5th DCA 2001) (holding that fear of judicial bias giving rise to disqualification motion must be objectively reasonable) ). Accordingly, we grant the petition and issue the writ of prohibition.
PETITION GRANTED.
COHEN, C.J., and LAMBERT, J., concur.
TORPY, J., dissents without opinion.
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Gahn v. Allstate Life Ins. Co., 926 F.2d 1449 (5th Cir. 1991)…synonymous. See Colwell v. State, 506 So. 2d 941, 944 (La.Ct.App. 1st Cir.), writ denied, 508 So. 2d 89 (La.1987); Spragio v. Board of Trustees of the State Employees Group Benefits Program, 468 So. 2d 1323, 1326 (La.Ct.App. 1st Cir.), writ denied, 472 So. 2d 32 (La.1985). Mrs. Gahn, on the other hand, argues that she “incurred” the expense for the treatment of her liver cancer when she was diagnosed with the disease, and she relies on prior interpretations of coverage provisions in insurance policies to s…
Authorities Cited
- Shuler v. Green Mountain Ventures, Inc., 791 So. 2d 1213 (Fla. 5th DCA 2001)
- State v. Gresham, 214 So. 3d 780 (Fla. 5th DCA 2017)
- Armstrong v. State, 214 So. 3d 780 (Fla. 2d DCA 2017)