Bermudez v. Bert

District Court of Appeal of Florida

Bermudez v. Bert

37 So. 3d 374, 2010 Fla. App. LEXIS 7598, 2010 WL 2136499

CourtDistrict Court of Appeal of Florida

DecidedMay 28, 2010

Docket3D10-1335

StatusPublished

Cited by3 cases

This text of 37 So. 3d 374 (Bermudez v. Bert) 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.

Bluebook

Bermudez v. Bert, 37 So. 3d 374, 2010 Fla. App. LEXIS 7598, 2010 WL 2136499 (Fla. Ct. App. 2010).

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Opinion

ROTHENBERG, J.

The petitioners, who are attempting to collect on a $3,177,000 Judgment entered after a jury trial in a wrongful death action stemming from an automobile accident resulting in the death of Gloria Liliana Ber-mudez and injuries to her husband, Carlos Bermudez, and their minor son, Matthew Bermudez, seek a writ prohibiting the trial judge from presiding over the post-judgment proceedings and their collection efforts. Because we conclude that the motion to disqualify the judge was legally sufficient, we grant the petition. See Barnhill v. State, 834 So.2d 836, 843 (Fla.2002) (holding that the standard for determining the legal sufficiency of a motion to disqualify is “whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial”); Livingston v. State, 441 So.2d 1083, 1086 (Fla.1983) (holding that the question of disqualification focuses on those matters from which a litigant may reasonably question a judge’s impartiality rather than the court’s own perception of its ability to act fairly and impartially).

Petition granted.

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ROTHENBERG, J.

The petitioners, who are attempting to collect on a $3,177,000 Judgment entered after a jury trial in a wrongful death action stemming from an automobile accident resulting in the death of Gloria Liliana Ber-mudez and injuries to her husband, Carlos Bermudez, and their minor son, Matthew Bermudez, seek a writ prohibiting the trial judge from presiding over the post-judgment proceedings and their collection efforts. Because we conclude that the motion to disqualify the judge was legally sufficient, we grant the petition. See Barnhill v. State, 834 So.2d 836, 843 (Fla.2002) (holding that the standard for determining the legal sufficiency of a motion to disqualify is “whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial”); Livingston v. State, 441 So.2d 1083, 1086 (Fla.1983) (holding that the question of disqualification focuses on those matters from which a litigant may reasonably question a judge’s impartiality rather than the court’s own perception of its ability to act fairly and impartially).

Petition granted.

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Bluebook (online)

37 So. 3d 374, 2010 Fla. App. LEXIS 7598, 2010 WL 2136499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bermudez-v-bert-fladistctapp-2010.

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