ADEM ALBRA
v.
LESLIE SZENDY
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A permanent injunction against domestic violence is affirmed when the appellant fails to provide a transcript of the final hearing and fails to show personal bias or prejudice as grounds for judge disqualification.
[1] A motion to disqualify a judge based solely on adverse rulings does not demonstrate personal bias or prejudice and is insufficient grounds for recusal.
[2] When an appellant fails to provide a transcript of the final hearing in a domestic violence injunction appeal, the appellate court cannot review the substantive merits of…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“The fact that the judge has made adverse rulings against the defendant in the past is not an adequate ground for recusal, nor is the mere fact that the judge has previously heard the evidence.”
The court explaining the standard for judge disqualification in domestic violence injunction cases.
Adem Albra appealed a final judgment of injunction against domestic violence issued against him by the Circuit Court for Broward County. Albra filed a…
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Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael G. Kaplan, Judge; L.T. Case No. DVCE-19- 003942.
Adem Albra, Fort Lauderdale, pro se. No appearance for appellee. PER CURIAM. We affirm the final judgment of injunction against domestic violence. Appellant has failed to provide a transcript of the final hearing, without which we cannot determine whether the trial court erred or that no competent substantial evidence supports the final judgment. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979); Murphy v. Blubaugh, 252 So. 3d 809 (Fla. 2d DCA 2018). As to the issues involving the temporary injunction, those issues have been made moot by the entry of the permanent injunction. See Gray v. Gray, 958 So. 2d 955 (Fla. 1st DCA 2007). Finally, appellant has failed to show error in the denial of his motion for disqualification of the judge, as the motion is based upon adverse rulings by the trial court. As we said in Santisteban v. State, 72 So. 3d 187, 194 (Fla. 4th DCA 2011):
The facts and reasons given for the disqualification must tend to show personal bias or prejudice. Levine v. State, 650 So. 2d 666, 667 (Fla. 4th DCA 1995). The fact that the judge has made adverse rulings against the defendant in the past is not an adequate ground for recusal, nor is the mere fact that the
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judge has previously heard the evidence. Mansfield v. State, 911 So. 2d 1160, 1171 (Fla. 2005). Affirmed. WARNER, KLINGENSMITH and KUNTZ, JJ., concur.
* * * Not final until disposition of timely filed motion for rehearing.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Mansfield v. State, 911 So. 2d 1160 (Fla. 2005)
- Levine v. State, 650 So. 2d 666 (Fla. 4th DCA 1995)
- Flavio Santisteban v. State, 72 So. 3d 187 (Fla. 4th DCA 2011)
- Gray v. Gray, 958 So. 2d 955 (Fla. 1st DCA 2007)
- Murphy v. Kande K. Blubaugh, 252 So. 3d 809 (Fla. 2d DCA 2018)