Arend v. State

District Court of Appeal of Florida

Arend v. State

149 So. 3d 126, 2014 Fla. App. LEXIS 14895, 2014 WL 4723829

District Court of Appeal of Florida·Decided September 24, 2014·No. No. 4D14-2488·Published·Cited by 1 cases

Opinion

PER CURIAM.

The petition for writ of prohibition is granted. Petitioner’s motion to disqualify the trial judge was legally sufficient. See Fla. R. Jud. Admin. 2.330(d)(1). The facts alleged would prompt a reasonably pru[127]*127dent person to fear that he could not get a fair hearing. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1335 (Fla.1990); Franco v. State, 777 So.2d 1138, 1140 (Fla. 4th DCA 2001) (recognizing that a judge’s hostility toward counsel can, in some circumstances, provide a reasonable basis for a client to fear bias); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981).

STEVENSON, GROSS and TAYLOR, JJ., concur.

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PER CURIAM.

The petition for writ of prohibition is granted. Petitioner’s motion to disqualify the trial judge was legally sufficient. See Fla. R. Jud. Admin. 2.330(d)(1). The facts alleged would prompt a reasonably pru[127]*127dent person to fear that he could not get a fair hearing. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1335 (Fla.1990); Franco v. State, 777 So.2d 1138, 1140 (Fla. 4th DCA 2001) (recognizing that a judge’s hostility toward counsel can, in some circumstances, provide a reasonable basis for a client to fear bias); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981).

STEVENSON, GROSS and TAYLOR, JJ., concur.

Arend v. State, 149 So. 3d 126, 2014 Fla. App. LEXIS 14895, 2014 WL 4723829 (Fla. Ct. App. 2014).

Pincite

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Opinion

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