NORMAN FUNT, ESQUIRE, LINDA KOENIGSBERG, ESQUIRE, AND LUIS STABINSKI & ASSOCIATES, P.A., F/K/A STABINSKI & FUNT, P.A., PETITIONERS,
v.
HONORABLE JOSEPH NADLER, AS JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT COURT, IN AND FOR DADE COUNTY, FLORIDA AND MARIA VALERO, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A trial judge's spontaneous commitment to recuse, after raising impartiality questions, must be honored if a timely motion is made. The judge also improperly challenged the truth of the bias allegation.
The trial judge made parties aware of circumstances questioning impartiality and committed to recuse himself. A subsequent, timely motion for recusal …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Recusal Of Judge cases and more on FLexlaw
PER CURIAM.
Where a trial judge makes the parties aware of circumstances that might raise a question as to his ability to be impartial and spontaneously commits to re-cuse himself on a motion of a party, a subsequent and timely motion for recusal must be granted. It is held in such cases that the invitation to make the motion speaks louder than a subsequent disclaimer of bias. Pistorino v. Ferguson, 386 So. 2d 65 (Fla, 3d DCA 1980).
Further, the trial judge exceeded the proper scope of inquiry when he looked beyond the legal sufficiency of the verified motion for disqualification and challenged the truth of the bias allegation. That action alone would warrant disqualification. Bundy v. Rudd, 366 So. 2d 440 (Fla.1978). Management Corp. of Am. v. Grossman, 396 So. 2d 1169 (Fla. 3d DCA 1981).
Because we grant the petition for writ of prohibition, the post-motion order setting the cause for a jury trial must also be reversed. Stimpson Computing Scale Co. v. Knuck, 508 So. 2d 482 (Fla. 3d DCA 1987). On remand the successor judge may revisit the jury trial question.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Feigin v. Honorable Harry G. Hinckley, 558 So. 2d 544 (Fla. 4th DCA 1990)…PER CURIAM. We grant petitioner’s petition for writ of prohibition on the authority of Marlin v. Williams, 385 So. 2d 1030 (Fla. 4th DCA), review denied, 392 So. 2d 1381 (Fla. 1980) and Funt v. Nadler, 530 So. 2d 1107 (Fla. 3d DCA 1988). We direct respondent to enter an order recusing himself from further participation in these proceedings. PROHIBITION GRANTED. HERSEY, C.J., and DOWNEY and DELL, JJ., concur.…
-
Daria B. Jahann v. The Honorable Amy Steele Donner, 610 So. 2d 91 (Fla. 3d DCA 1992)…ng the judge’s offer and there was an intervening time for its mailing and delivery. Immediately, thereafter, the attorney learned from the judge’s office that she considered the offer expired. We find the matter not that much unlike Funt v. Nadler, 530 So. 2d 1107 (Fla. 3d DCA 1988). The only difference is that here the attorneys notice to the judge was arguably not “timely.” However, considering the affidavit of the husband’s attorney that he had been extricating himself from the aftermath of Hurricane Andre…
Authorities Cited
- THE Florida BAR v. Sanford Freed, 366 So. 2d 440 (Fla. 1978)
- Pistorino v. Ferguson, 386 So. 2d 65 (Fla. 3d DCA 1980)
- Mgmt. Corp. OF Am., Inc. v. Hon. Rhea Pincus Grossman, 396 So. 2d 1169 (Fla. 3d DCA 1981)
- Rolf E. Westerstrom v. Redcliff Props., Inc., 508 So. 2d 482 (Fla. 3d DCA 1987)
- Stimpson Computing Scale Co., Inc. v. The Honorable Francis X. Knuck, 508 So. 2d 482 (Fla. 3d DCA 1987)