Legal Opinion · Dissent

Clarendon National Insurance Co. v. Shogreen

District Court of Appeal of Florida

Decided January 28, 2009No. 3D08-2818Published

1DissentSchwartz, Senior Judge

After Clarendon National Insurance Co. v. Shogreen, 990 So.2d 1231 (Fla. 3d DCA 2008), was decided, the appellate judge in question refused to recuse herself from the appeal. In my judgment, the antagonism and antipathy of the judge and her ex-partner-spouse towards the petitioner, as demonstrated by the record, which included, among other things, a statement by her husband that as a result of Clarendon’s actions in defense of a suit brought by their law firm “he intended to ‘put Clarendon out of business,’ ” makes it impossible to sustain that ruling.1 Hence, I would grant prohibition. See…

2Cases cited4 opinions

  1. Aetna Life Insurance v. LavoieSupreme Court of the United States · 1986
  2. 5-H CORP. v. PadovanoSupreme Court of Florida · 1997
  3. Bordier et Cie v. LaSalaSupreme Court of the United States · 2008
  4. CLARENDON NAT. INS. CO. v. ShogreenDistrict Court of Appeal of Florida · 2008

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