Perrotto v. R.J. Reynolds Tobacco Co.
District Court of Appeal of Florida
1Per curiam
Petitioner seeks a writ of prohibition to review the denial of her motion to disqualify the trial judge. This is an Engle-progeny1 case with the basis for the motion to disqualify arising after the trial and verdict. We grant the petition. Petitioner has demonstrated that she has an objectively reasonable basis to fear that she will not receive fair review of the pending post-trial motions.
In 4D13-4058, we denied petitioner’s pretrial petition wherein she challenged the judge’s first order denying a motion to disqualify in this case. The initial motion was based on alleged hostility between…
2Cases cited4 opinions
- Engle v. Liggett Group, Inc.Supreme Court of Florida · 2006
- Livingston v. StateSupreme Court of Florida · 1983
- McDermott v. GrossmanDistrict Court of Appeal of Florida · 1983
- Lamendola v. GrossmanDistrict Court of Appeal of Florida · 1983
3Cited by2 opinions
- Sands Pointe Ocean Beach Resort Condo Assoc., Inc. v. AelionDistrict Court of Appeal of Florida · 2018
- R.J. REYNOLDS TOBACCO COMPANY v. LESLIE SCHLEFSTEIN, as Personal Representative of the ESTATE OF DAWN SCHLEFSTEINDistrict Court of Appeal of Florida · 2019