Cummings v. Montalvo

District Court of Appeal of Florida

Cummings v. Montalvo

135 So. 3d 389, 2014 WL 470650, 2014 Fla. App. LEXIS 1614

CourtDistrict Court of Appeal of Florida

DecidedFebruary 3, 2014

DocketNo. 5D13-4431

StatusPublished

Cited by1 cases

This text of 135 So. 3d 389 (Cummings v. Montalvo) 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

Cummings v. Montalvo, 135 So. 3d 389, 2014 WL 470650, 2014 Fla. App. LEXIS 1614 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

Petitioner seeks prohibition following an order denying his motion to disqualify the trial judge. The motion, which sought disqualification based upon the judge’s statements indicating that she had strongly and definitively prejudged Petitioner’s credibility in an unfavorable fashion, should have been granted. See Brown v. St. George Island, Ltd., 561 So.2d 253, 257 (Fla.1990). Because Petitioner has alleged facts that would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial, id., we quash the order denying the motion to disqualify and remand to the trial court for further proceedings consistent with this opinion. We trust that the issuance of a formal writ will be unnecessary.

PETITION GRANTED.

SAWAYA, PALMER and LAWSON, JJ., concur.

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PER CURIAM.

Petitioner seeks prohibition following an order denying his motion to disqualify the trial judge. The motion, which sought disqualification based upon the judge’s statements indicating that she had strongly and definitively prejudged Petitioner’s credibility in an unfavorable fashion, should have been granted. See Brown v. St. George Island, Ltd., 561 So.2d 253, 257 (Fla.1990). Because Petitioner has alleged facts that would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial, id., we quash the order denying the motion to disqualify and remand to the trial court for further proceedings consistent with this opinion. We trust that the issuance of a formal writ will be unnecessary.

PETITION GRANTED.

SAWAYA, PALMER and LAWSON, JJ., concur.

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Bluebook (online)

135 So. 3d 389, 2014 WL 470650, 2014 Fla. App. LEXIS 1614, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cummings-v-montalvo-fladistctapp-2014.

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