SOUTH ATLANTIC TRUCKING COMPANY, ET AL., APPELLANTS,

v.

BERNUTH AGENCIES, INC., APPELLEE

Citator

Cited By

• Kopel v. Bernardo Kopel, 832 So. 2d 108 (Fla. 3d DCA 2002)
  …motion for disqualification should have been granted because the trial court judge’s comments could indicate that she had predetermined certain factual issues, and thus the petitioner’s fear of partiality is reasonable. See Southeast Bank v. Capua, 584 So. 2d 101 (Fla. 3d DCA 1991). We therefore grant the petition, but are confident it will be unnecessary to formally issue the writ. Before COPE, SHEVIN and RAMIREZ, JJ. ON MOTION FOR REHEARING The motion for rehearing is denied. Before SCHWARTZ, C.…
• Wolfson v. Wolfson, 159 So. 3d 394 (Fla. 3d DCA 2015)
  …s reasonable, and we grant the petition. We are confident it will be unnecessary to formally issue the writ. See Van v. Unifund CCR, LLC, 154 So. 3d 522 (Fla. 5th DCA 2015); Kopel v. Kopel, 832 So. 2d 108 (Fla. 3d DCA 2002); Southeast Bank v. Capua, 584 So. 2d 101 (Fla. 3d DCA 1991). Writ granted.…
• Aberdeen Prop. Owners Ass'n, Inc. v. Bristol Lakes Homeowners Ass'n, Inc., 8 So. 3d 469 (Fla. 4th DCA 2009)
  …opposing counsel). We agree that the fact that Judge French’s personal situation aligns him with the plaintiffs position on the primary issue to be determined in this litigation supports his disqualification. Compare Southeast Bank, N.A. v. Capua, 584 So. 2d 101 (Fla. 3d DCA) (holding bank was entitled to disqualification of judge who was guarantor of another note given to same bank on which maker defaulted, identical to the note at issue in the litigation, such that judge might find himself in same posture…

Authorities Cited

• Ferguson v. V.S.L. Corp., 528 So. 2d 32 (Fla. 3d DCA 1988)