Legal Opinion

Colarusso v. Colarusso

District Court of Appeal of Florida

Decided October 21, 2009No. 3D09-1633PublishedCited by 4 opinions

1Per curiam

Petitioner Christopher Colarusso seeks a writ of prohibition preventing the trial judge from conducting further proceedings in the petitioner’s dissolution of marriage case. “A motion to recuse or disqualify a trial judge is legally sufficient when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial.” Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214, 216 (Fla. 3d DCA 2005). A review of the verified motion to disqualify demonstrates that it is legally sufficient. The judge’s decidedly negative commentary concerning his…

2Cases cited5 opinions

  1. Kopel v. KopelDistrict Court of Appeal of Florida · 2002
  2. Valdes-Fauli v. Valdes-FauliDistrict Court of Appeal of Florida · 2005
  3. Royal Caribbean Cruises, Ltd. v. DoeDistrict Court of Appeal of Florida · 2000
  4. Miami Dade College v. TURNBERRY INVESTMENTSDistrict Court of Appeal of Florida · 2008
  5. Tindle v. TindleDistrict Court of Appeal of Florida · 2000

3Cited by4 opinions

  1. Molina v. PerezDistrict Court of Appeal of Florida · 2016
  2. Martinez v. CramerDistrict Court of Appeal of Florida · 2013
  3. Benjamin Shabtai v. Stacey Cooper ShabtaiDistrict Court of Appeal of Florida · 2023
  4. MARIA LUISA MASSA CISNEROS v. CARLOS A. GUINANDDistrict Court of Appeal of Florida · 2021

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