MURIEL KRUEGER, PETITIONER,
v.
THE SCHOOL BOARD OF HERNANDO COUNTY, FLORIDA, RESPONDENT
PER CURIAM.
Petition for Writ of Prohibition is denied.
SHARP and COWART, JJ., concur. DAUKSCH, J., dissents with opinion.
DAUKSCH, Judge,
dissenting.
I respectfully dissent.
In my opinion the petitioner has adequately set out grounds in her motion for disqualification filed below and the petition here to have the respondent disqualified from hearing the proceedings against her. All persons are entitled to be tried by unbiased and fair tribunals — administrative or judicial. Petitioner has set out facts which, if true, are sufficient to warrant a reasonable person to believe she cannot receive a fair, untainted hearing and decision by the school board. That being so, she is entitled to relief. I would grant the writ.
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Dep't OF Corr. v. McGHEE, 653 So. 2d 1091 (Fla. 1st DCA 1995)…it was similarly held that the Department owed no common law duty to a decedent, the victim of a criminal act committed by an escaped inmate. I acknowledge that the decisions in the case at bar and Vann are consistent with those in Parker v. Murphy, 510 So. 2d 990 (Fla. 1st DCA 1987); George v. Hitek Community Control Corp., 639 So. 2d 661 (Fla. 4th DCA 1994); and Bradford v. Metropolitan Dade County, 522 So. 2d 96 (Fla. 3d DCA 1988). I am convinced, however, that these holdings are inconsistent with Florida’…1 / 2
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