GULFSTREAM PARK RACING ASSOCIATION, INC., PETITIONER,
v.
HONORABLE JOHN GALE, AS JUDGE OF THE ELEVENTH JUDICIAL CIRCUIT COURT, IN AND FOR DADE COUNTY, FLORIDA, RESPONDENT
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A trial judge must disqualify himself when he exceeds the proper scope of inquiry by passing on the truth of factual allegations in a motion to disqualify, thereby creating an adversarial atmosphere that violates procedural rules.
A trial judge must disqualify himself when he adds his own explanation of events and strongly denies factual allegations in a disqualification motion, thereby exceeding the proper scope of inquiry and creating an intolerable adversary atmosphere.
[1] A trial judge exceeds the proper scope of inquiry under Florida Rule of Civil Procedure 3.230(d) when he passes on the truth of factual allegations in a motion to disqual…
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Join FLexlaw to unlock all legal intelligence“exceeded the proper scope of his inquiry and on that basis alone established grounds for his disqualification by creating 'an intolerable adversary atmosphere'”
The court explained that the trial judge's conduct in passing on the truth of facts alleged in the disqualification motion violated procedural rules and created grounds for disqualification.
Gulfstream Park Racing Association filed a motion to disqualify the trial judge in the Eleventh Judicial Circuit Court in Dade County, Florida. Althou…
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PER CURIAM.
This is an original petition for a writ of prohibition in which the petitioner Gulf-stream Park Racing Association claims that the respondent circuit court judge should have disqualified himself from sitting in the cause below, as urged in its motion to disqualify filed with the trial court. We have jurisdiction to entertain this petition. Caleffe v. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986); Art. V, § 4(b)(3), Fla. Const. Although we agree that the motion to disqualify was legally insufficient, the trial judge unfortunately added his own explanation of relevant events and strongly denied certain of the factual allegations of the motion for disqualification, thereby passing “on the truth of the facts alleged” in the motion in violation of Fla.R.C.P. 3.230(d). Consequently, the trial judge “exceeded the proper scope of his inquiry and on that basis alone established grounds for his disqualification” by creating “‘an intolerable adversary atmosphere’ ” between himself and the petitioner. Bundy v. Rudd, 366 So. 2d 440, 442 (Fla.1978), and cases collected. This being so, we conclude that the respondent trial judge should have disqualified himself from sitting in the cause below.
The petition for a writ of prohibition is granted. ,We assume, however, that it will be unnecessary to issue a formal writ of prohibition and that the respondent trial judge will disqualify himself in this case upon receipt of this opinion,
Prohibition granted.
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Citator
Cited By
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Gulfstream Park Racing Ass'n, Inc. v. Honorable John Gale and Honorable Henry G. Ferro, 552 So. 2d 1166 (Fla. 3d DCA 1989)…use. See Blackhawk Heating & Plumbing Co. v. Data Lease Financial Corp., 328 So. 2d 825, 827 (Fla.1975); Stuart v. Hertz Corp., 381 So. 2d 1161, 1163 (Fla. 4th DCA 1980); Art. V, § 4(b)(3), Fla.Const. In Gulfstream Park Racing Association v. Gale, 540 So. 2d 196 (Fla.3d DCA 1989), we granted Gulfstream’s petition for a writ of prohibition and required that the respondent disqualify himself as a judge in this case. We stated: “Although we agree that the motion to disqualify was legally insufficient, the tr…
Authorities Cited
- THE Florida BAR v. Sanford Freed, 366 So. 2d 440 (Fla. 1978)
- Caleffe v. Judge Linda L. Vitale, 488 So. 2d 627 (Fla. 4th DCA 1986)