Legal Opinion

Heathrow Master Association, Inc. v. Zulia

District Court of Appeal of Florida

Decided October 22, 2010No. 5D10-3282Published

1Per curiam

Petitioners seek a writ of prohibition, preventing the trial judge from conducting further proceedings in Petitioner’s casé. “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 commentary concerning his personal experiences, when viewed in the context of, and at this stage of…

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

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