DUPART ET AL.

v.

LOUISIANA

Citator

Cited By (82 total)

• Barber v. Honorable Mary Ann MacKENZIE, 562 So. 2d 755 (Fla. 3d DCA 1990)
  …697-98 (1938)). Breakstone v. MacKenzie, 561 So. 2d 1164, 1167-1168 (Fla. 3d DCA 1989) (en banc); see also id., 561 So. 2d at 1173-1174 (Ferguson, J., concurring); Potashnick v. Port City Constr. Co., 609 F. 2d 1101, 1111 (5th Cir.), cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980). In the present case the legal standard is met. The Committee was formed at least one year prior to the election, and plainly contemplates a course of activity on behalf of the judge during the year leading up to…
• Breakstone v. Honorable Mary Ann MacKENZIE, 561 So. 2d 1164 (Fla. 3d DCA 1989)
  …are such that her impartiality might reasonably be questioned, ought to consider “how [her] participation in a given case looks to the average person on the street.” Potashnick v. Port City Constr. Co., 609 F. 2d 1101, 1111 (5th Cir.), cert. denied, 449 U.S. 820, 101 S.Ct. 78, 66 L.Ed.2d 22 (1980). [*1174] By that standard the disqualification motions should have been granted. It was not the intent of the majority to sabotage the existing system of electing judges. Neither is it conceded that the majority…
• ST. Lucie Cnty. & St. Lucie Cnty. Port & Airport Auth. v. Town OF ST. Lucie Vill., 603 So. 2d 1289 (Fla. 4th DCA 1992)
  …Ct. 2099, 104 L.Ed.2d 661 (1989) (“The Federal Aviation Act does not expressly pre-empt state damages remedies.”); Greater Westchester Homeowners Ass’n v. City of Los Angeles, 26 Cal.3d 86, 603 P. 2d 1329, 160 Cal.Rptr. 733 (Cal.1979), cert. denied, 449 U.S. 820, 101 S.Ct. 77, 66 L.Ed.2d 22 (1980) (plaintiffs’ nuisance claims against airport not preempted by federal law). Plaintiffs base their entitlement to in-junctive relief on what they describe as the “difficulty, if not the impossibility” of prevailin…