Timeliness Of Recusal Motion

11 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• John J. Franks, M.D. v. Nimmo
  796 F.2d 1230· 10th Cir.· 1986-07-07 ·cited 75×
  The court held that the motion to disqualify the judge was untimely and without merit, and that the plaintiff was a probationary employee not entitled to estoppel or constitutional tort claims due to available administrative remedies.
• Hall v. Small Bus. Admin.
  695 F.2d 175· 5th Cir.· 1983-01-14 ·cited 48×
  A magistrate judge must disqualify himself if his law clerk's impartiality could reasonably be questioned, even if the clerk did not actually influence the decision.
• Schwartz v. Schwartz
  431 So. 2d 716· Fla. 3d DCA· 1983-05-24 ·cited 26×
  A party waives grounds for judicial disqualification if not raised promptly after knowledge of the grounds, and a judge who recuses themselves can still enter final judgments on issues already tried.
• Glass v. Pfeffer
  849 F.2d 1261· 10th Cir.· 1988-06-13 ·cited 21×
  The court affirmed the attorney fee award against plaintiffs' counsel, finding the § 1985(2) claim was not colorable and the counsel's conduct warranted sanctions. It also affirmed the award of additional fees for defending the award and the recusal denial.
• United States v. Branco
  798 F.2d 1302· 9th Cir.· 1986-09-03 ·cited 20×
  The court held that the defendant's motion to disqualify the judge was untimely and that his sentence was not subject to appellate review as it was within statutory limits and not based on impermissible factors.
• Lawson v. Longo
  547 So. 2d 1279· Fla. 3d DCA· 1989-08-29 ·cited 9×
  A trial judge improperly recused himself and granted a new trial after entering a final judgment against the seller in a real estate contract dispute. The appellate court reversed, holding that the seller's motion for recusal was untimely and waived, as the seller knew of the pot
• Bethesda Mem'l Hosp., Inc. v. Cassone
  807 So. 2d 142· Fla. 4th DCA· 2002-01-30 ·cited 8×
  Bethesda Memorial Hospital petitioned for a writ of prohibition to disqualify Judge Wessel from a collection proceeding because one of Bethesda's affiliate companies had a debt collection matter involving the judge's late wife's estate. The court granted the petition, finding tha
• Klapper-Barrett v. Nurell
  742 So. 2d 851· Fla. 5th DCA· 1999-09-24 ·cited 5×
  A writ of prohibition shall issue to disqualify a judge when there are extraordinary circumstances, such as ex parte communications, even if the recusal motion is untimely.
• In re Apex OIL Co. v. Apex OIL Co.
  981 F.2d 302· 8th Cir.· 1992-10-27 ·cited 1×
  The court denied the motion for disqualification, finding no reasonable basis to question the judge's impartiality under 28 U.S.C. § 455(a) or (b).
• United States v. Yonkers Bd. OF Educ.
  946 F.2d 180· 2d Cir.· 1991-10-07
  The court held that the motion to disqualify the judge and housing advisor was untimely and, even if timely, lacked merit. The denial of the motion to compel discovery was not an abuse of discretion.
• Data Lease Fin. Corp. v. Blackhawk Heating & Plumbing Co., Inc.
  325 So. 2d 475· Fla. 4th DCA· 1975-12-12
  This consolidated interlocutory appeal involves two issues: whether referral of a case to a Special Master was premature and whether dismissal of a motion for judicial disqualification was proper. The court reversed the premature referral order and affirmed the dismissal of the u