Begens v. Olschewski
This text of 743 So. 2d 133 (Begens v. Olschewski) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Bradley BEGENS, Petitioner,
v.
Krzyszto OLSCHEWSKI, Respondent.
District Court of Appeal of Florida, Fourth District.
Jeffrey Begens, Plantation, for petitioner.
Bruce David Green of Bruce David Green, P.A., Fort Lauderdale, for respondent.
PER CURIAM.
Petitioner seeks a writ of prohibition to disqualify the trial judge on the ground that she prejudged his case. In his verified motion he alleged that after granting his motion to amend his complaint, the trial court stated "that she did not care what cause of action that the plaintiff wished to add because the plaintiff was going to lose the case under any set of facts." We grant the petition. See Gonzalez v. Goldstein, 633 So.2d 1183, 1184 (Fla. 4th DCA 1994)(a judge's announced intention to make a specific ruling, prior to hearing evidence or argument, "is the paradigm of judicial bias and prejudice.")
WARNER, C.J., and KLEIN, J., concur. STONE, J., dissents with opinion.
STONE, J., dissenting.
I would deny relief.
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743 So. 2d 133, 1999 WL 767442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/begens-v-olschewski-fladistctapp-1999.