SHARON BERGER, APPELLANT,

v.

BALCOR PAYROLL COMPANY, INC., AND THE FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Citator

Cited By

• Eugene J. Strasser, M.D., P.A. v. Bose Yalamanchi, M.D., P.A., 783 So. 2d 1087 (Fla. 4th DCA 2001)
  …usal when litigants successfully demonstrate a reasonable, well-grounded fear that they will not receive a fair and impartial trial or that the judge has pre-judged the case. See Wargo v. Wargo, 669 So. 2d 1123 (Fla. 4th DCA 1996); Nunez v. Backman, 645 So. 2d 1063 (Fla. 4th DCA 1994); Borjas v. Brescher, 579 So. 2d 399 (Fla. 4th DCA 1991); and Hayslip v. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981). They further liken the facts of this case to several recent decisions in which trial judges made certain gratuit…
• Emilio Jesus Nunez v. The State of Fla. & The Honorable Howard M. Zeidwig, 665 So. 2d 301 (Fla. 4th DCA 1995)
  …der denying reconsideration of the motion to disqualify either the Office of the State Attorney for the Seventeenth Judicial Circuit or Assistant State Attorney Chuck Morton. We treat the petition as one for writ of certiorari. In Nunez v. Backman, 645 So. 2d 1063 (Fla. 4th DCA1994), the court granted a writ of prohibition and quashed the Honorable Paul L. Backman’s order denying a motion to recuse him from further participation in this case. This court’s opinion included the following facts: On May 31, 1994…
• Coleman v. State, 866 So. 2d 209 (Fla. 4th DCA 2004)
  …technically sufficient, and the facts alleged therein also “would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial from the judge,” the motion is legally sufficient and should be granted. Nunez v. Backman, 645 So. 2d 1063, 1064 (Fla. 4th DCA 1994). In such a circumstance, the facts alleged are to be taken as true and their veracity should not be considered by the judge. State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200, 204 (Fla. 4th DCA 1995). Coleman timel…

Authorities Cited

• Verner v. State, 474 So. 2d 909 (Fla. 2d DCA 1985)