Legal Opinion

Haas v. Davis

District Court of Appeal of Florida

Decided June 30, 2010No. 3D10-1017PublishedCited by 5 opinions

1Per curiam

Petitioner seeks a writ of prohibition from an order denying her verified motion to recuse 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.’ ” Brofman v. Fla. Hearing Care Ctr., Inc., 703 So.2d 1191, 1192 (Fla. 4th DCA 1997) (quoting Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981)). While the alleged comments made by the trial judge may not have been intended to reflect on his…

2Cases cited3 opinions

  1. Hayslip v. DouglasDistrict Court of Appeal of Florida · 1981
  2. Brofman v. Florida Hearing Care CenterDistrict Court of Appeal of Florida · 1997
  3. Vivas v. Hartford Fire Ins. Co.District Court of Appeal of Florida · 2001

3Cited by5 opinions

  1. Law Offices of Herssein and Herssein, P.A., Etc. v. United Services Automobile Assoc.District Court of Appeal of Florida · 2017
  2. Cuffy v. Secretary of Department of CorrectionsDistrict Court, S.D. Florida · 2021
  3. DAVID CASNER v. FURY MANAGEMENT, INC.District Court of Appeal of Florida · 2021
  4. Melissa Azrack, etc. v. John M. McDonald, etc.District Court of Appeal of Florida · 2024
  5. WILLIAM PAUL DABBS v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2021

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