Dell v. Dell

District Court of Appeal of Florida

Dell v. Dell

829 So. 2d 969, 2002 Fla. App. LEXIS 15686, 2002 WL 31422953

CourtDistrict Court of Appeal of Florida

DecidedOctober 30, 2002

DocketNo. 4D02-3156

StatusPublished

Cited by2 cases

This text of 829 So. 2d 969 (Dell v. Dell) 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

Dell v. Dell, 829 So. 2d 969, 2002 Fla. App. LEXIS 15686, 2002 WL 31422953 (Fla. Ct. App. 2002).

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Opinion

PER CURIAM.

Pamela D. Dell (Petitioner) seeks relief barring the presiding Broward County Circuit Court judge from continuing to preside over matters concerning her former attorney, Katherine Bimbaum of the law firm of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A. (the firm), seeking additional attorney’s fees and costs arising from Petitioner’s dissolution of marriage proceeding. As Petitioner alleged that Birnbaum was one of six members of the judge’s re-election committee (not merely one of the 110 attorneys endorsing the judge’s campaign), and that the committee is currently engaged in an ongoing campaign seeking the judge’s 2002 re-election while the instant case is pending, we hold these allegations are sufficient and the judge should have granted the motion for disqualification. See Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986); Barber v. Mackenzie, 562 So.2d 755 (Fla. 3d DCA), rev. denied, 576 So.2d 288 (Fla.1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1338 n. 5 (Fla.1990).

Petition granted.

POLEN, C.J., SHAHOOD and TAYLOR, JJ., concur.

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PER CURIAM.

Pamela D. Dell (Petitioner) seeks relief barring the presiding Broward County Circuit Court judge from continuing to preside over matters concerning her former attorney, Katherine Bimbaum of the law firm of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A. (the firm), seeking additional attorney’s fees and costs arising from Petitioner’s dissolution of marriage proceeding. As Petitioner alleged that Birnbaum was one of six members of the judge’s re-election committee (not merely one of the 110 attorneys endorsing the judge’s campaign), and that the committee is currently engaged in an ongoing campaign seeking the judge’s 2002 re-election while the instant case is pending, we hold these allegations are sufficient and the judge should have granted the motion for disqualification. See Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986); Barber v. Mackenzie, 562 So.2d 755 (Fla. 3d DCA), rev. denied, 576 So.2d 288 (Fla.1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1338 n. 5 (Fla.1990).

Petition granted.

POLEN, C.J., SHAHOOD and TAYLOR, JJ., concur.

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Bluebook (online)

829 So. 2d 969, 2002 Fla. App. LEXIS 15686, 2002 WL 31422953, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dell-v-dell-fladistctapp-2002.

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