ACS 550 LLC
v.
FLORIDA LAUNDRY SERVICES, INC.

Fla. 3d DCA | 1994-07-29
No. 20-1756
Miller, J., Gordo, J., Bokor, J.
278 So. 3d 190 Florida District Court of Appeal, Third District (1994) Positive Treatment
Cited by 2 cases

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Holding

Adverse or unfavorable legal rulings, without more, are not legally sufficient grounds for disqualification of a judge.


Headnotes

[1] Adverse or unfavorable legal rulings by a trial judge, standing alone without evidence of actual bias or prejudice, are insufficient to warrant judicial disqualification.

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Key Quotes

“Although '[t]he facts must be viewed from the perspective of the petitioner[s],' it is equally 'well-settled that adverse rulings are insufficient to show bias.'”

Court citing JJN FLB, LLC v. CFLB P'ship, LLC in explaining the standard for judicial disqualification

Facts & Procedural History

ACS 550 LLC petitioned for prohibition seeking to disqualify a judge in a lower tribunal proceeding. The petitioner challenged the judge based on adve…

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Opinion of the Court

PER CURIAM.

Denied. See JJN FLB, LLC v. CFLB P’ship, LLC, 283 So. 3d 922, 925 (Fla. 3d DCA 2019) (“Although ‘[t]he facts must be viewed from the perspective of the petitioner[s],’ it is equally ‘well-settled that adverse rulings are insufficient to show bias.’”) (alterations in original) (citations omitted); Ripley v. Ripley, 278 So. 3d 190, 192 (Fla. 5th DCA 2019) (“The court's adverse ruling . . . is not a sufficient basis to warrant disqualification.”) (citations omitted); Pilkington v. Pilkington, 182 So. 3d 776, 779 (Fla. 5th DCA 2015) (“Adverse or unfavorable legal rulings, without more, are not legally sufficient grounds for disqualification.”) (citing Correll v. State, 698 So. 2d 522, 524-25 (Fla. 1997); Winburn v. Earl’s Well Drilling & Pump Serv., 939 So. 2d 199, 200 (Fla. 5th DCA 2006)).

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