DAVID CASNER
v.
FURY MANAGEMENT, INC.
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.
A trial judge's comments may warrant disqualification if they could reasonably cause a party to fear not receiving a fair and impartial trial, regardless of the judge's subjective intent.
[1] A trial judge's comments warrant disqualification if they would cause a reasonably prudent person to fear inability to receive a fair and impartial trial, applying an obj…
Previewing 1 of 1 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“the standard is the reasonable effect on the party seeking disqualification, not the subjective intent of the judge.”
The court clarified the proper standard for evaluating disqualification motions, emphasizing an objective rather than subjective test.
Casner sought a writ of prohibition challenging the trial court's denial of his sworn motion to disqualify the judge. The trial judge had made comment…
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 Legal Sufficiency Of Motion To Disqualify cases and more on FLexlaw
Horr, Novak & Skipp, P.A., and David J. Horr, Brian T. Scarry and Mitchell Issa, for respondent. Before MILLER, LOBREE and BOKOR, JJ.
PER CURIAM.
Petitioner seeks a writ of prohibition from an order denying his sworn motion to disqualify the trial judge. “In determining the legal sufficiency of a motion for disqualification, the test is ‘whether “the facts alleged (which must be taken as true) would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial.”’” Molina v. Perez, 187 So. 3d 909, 909 (Fla. 3d DCA 2016) (quoting Brofman v. Fla. Hearing Care Ctr., Inc., 703 So. 2d 1191, 1192 (Fla. 4th DCA 1997)). While the comments made by the trial judge may not have been intended to reflect on his beliefs as to the merits of the underlying claims, “the standard is the reasonable effect on the party seeking disqualification, not the subjective intent of the judge.” Haas v.
Davis, 37 So. 3d 983, 983 (Fla. 3d DCA 2010) (quoting Vivas v. Hartford Fire
Ins. Co., 789 So. 2d 1252, 1253 (Fla. 4th DCA 2001)). We agree with the petitioner that the comments could reasonably have caused him to fear that he would not receive a fair trial.
We grant the petition but withhold issuance of the writ confident that the able and experienced trial judge involved will promptly comply.
Petition granted; writ withheld.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Azrack v. McDonald (Fla. 3d DCA 2024)
Authorities Cited
- Molina v. Perez, 187 So. 3d 909 (Fla. 3d DCA 2016)
- Vivas v. Hartford Fire Ins. Co., 789 So. 2d 1252 (Fla. 4th DCA 2001)
- Haas v. Davis, 37 So. 3d 983 (Fla. 3d DCA 2010)