FAMILY LAW: DISSOLUTION OF MARRIAGE; JUDGES: DISQUALIFICATION: DISCOUNTING TESTIMONY ABOUT HUSBAND’S ACCOUNTANT BECAUSE HE WAS A FRIEND AND TELLING ACCOUNTANT THIS WAS A DIFFICULT CASE AND JUDGE WOULD HAVE TO PICK ONE PROPOSED ORDER OVER ANOTHER DID NOT WARRANT DISQUALIFICATION; APPEALS: PROHIBITION

Clark v. Clark, ___ So. 3d ___, 40 Fla. L. Weekly D718 (Fla. 1st DCA March 25, 2015)

The trial judge in an action for dissolution of marriage was not subject to disqualification because he discounted the testimony of the husband’s accountant, who was the husband’s friend, or because the judge told the accountant that this was a difficult … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: EX PARTE COMMUNICATIONS WITH ATTORNEY GENERAL’S OFFICE: RESPONDING TO PETITION FOR WRIT OF PROHIBITION FROM DENIAL OF MOTION TO DISQUALIFY: APPELLATE COURT DISQUALIFIES JUDGE FOR SENDING EMAIL TO ATTORNEY GENERAL WITH REFUTATION OF DEFENDANT’S APPELLATE CHALLENGE TO DENIAL OF MOTION TO STAY AND FOR SUBMITTING A RESPONSE TO DEFENDANT’S PETITION FOR WRIT OF PROHIBITION REFLECTING THAT JUDGE HAD A PERSONAL INTEREST IN THE APPEAL OF THE STAY AND AN EXPECTATION THAT THE ATTORNEY GENERAL WOULD REPRESENT HER INTERESTS IN THE APPEAL; APPEAL: PROHIBITION

Masten v. State, ___ So. 3d ___, 40 Fla. L. Weekly D714 (Fla. 3d DCA March 20, 2015)

The appellate court granted the defendant’s petition for writ of prohibition from an order denying his motion to disqualify the trial judge. When the defendant appealed from an order denying a motion for stay of his sentence for violation of probation, the … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: APPEALS: PROHIBITION: WRIT OF PROHIBITION FROM DENIAL OF MOTION FOR DISQUALIFICATION GRANTED BECAUSE JUDGE’S COMMENTS INDICATED THAT SHE HAD PREJUDGED THE CASE

Wolfson v. Wolfson, ___ So. 3d ___, 40 Fla. L. Weekly D695 (Fla. 3d DCA March 18, 2015)

When the trial court denied the petitioner’s motion for disqualification, the appellate court granted her petition for writ of prohibition because “the trial judge’s comments indicated[d] that she had prejudged the case.”

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JUDGES: DISQUALIFICATION: MOTION BASED UPON JUDGE’S ACTIONS AND COMMENTS OVER COURSE OF CASE WAS UNTIMELY BECAUSE MOTION MUST BE FILED WITHIN TEN DAYS AFTER DISCOVERY OF FACTS SUPPORTING MOTION: MOTION BASED ON ADVERSE RULINGS IS LEGALLY INSUFFICIENT; CIVIL PROCEDURE: COMPUTATION OF TIME: DAY THE TRIGGERING EVENT OCCURS IS EXCLUDED FROM COUNT

Kazran v. Buchanan, ___ So. 3d ___, 40 Fla. L. Weekly D488 (Fla. 2d DCA February 20, 2015)

After the trial court directed a verdict against the petitioner, he filed a motion to disqualify the judge based on the judge’s conduct and comments over the course of the case. When the judge denied the motion, the petitioner filed a petition … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: APPEALS: PROHIBITION: JUDGE DISQUALIFIED FOR DEMONSTRATING BIAS AGAINST INSURANCE COMPANY IN COVERAGE DISPUTE WITH CONDOMINIUM ASSOCIATION BY PREJUDGING CASE, IMPLYING THAT THE INSURANCE COMPANY DISRESPECTED DECISIONS OF TRIAL AND APPELLATE COURTS, GIVING ADVICE TO PLAINTIFF’S COUNSEL: ACCUSING THE INSURER OF DELAY, AND IMPLYING THAT THE INSURANCE COMPANY WAS TRYING TO MAKE THE ISSUE IN DISPUTE MORE COMPLICATED THAN IT ACTUALLY WAS

Great American Insurance Company of New York v. 2000 Island Boulevard Condominium Association, Inc., ___ So. 3d ___, 40 Fla. L. Weekly D26 (Fla. 3d DCA December 17, 2014)

The appellate court, in a case involving a coverage dispute between a condominium association and its insurance company, granted the insurer’s petition for writ of prohibition challenging the denial of its … Click To Read Full Case Law Review...