Garner v. Martinez

District Court of Appeal of Florida

Garner v. Martinez

691 So. 2d 9, 1997 Fla. App. LEXIS 1835, 1997 WL 91314

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNo. 96-420

StatusPublished

Cited by2 cases

This text of 691 So. 2d 9 (Garner v. Martinez) 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

Garner v. Martinez, 691 So. 2d 9, 1997 Fla. App. LEXIS 1835, 1997 WL 91314 (Fla. Ct. App. 1997).

Pincite

Opinion

PER CURIAM.

There is no doubt that the trial judge’s participation in an ex-parte hearing at which opposing counsel made highly adverse statements concerning the absent and unrepresented appellant was so irremediably improper that he was mandatorily required to recuse himself. See Rollins v. Baker, 683 So.2d 1138 (Fla. 5th DCA1996); Wilson v. Armstrong, 686 So.2d 647 (Fla. 1st DCA 1996); Hanson v. Hanson, 678 So.2d 522 (Fla. 5th DCA 1996); Hatin v. Mitjans, 578 So.2d 289 (Fla. 3d DCA 1991), review denied, 591 So.2d 181 (Fla.1991). Accordingly, we reverse the order under review denying the appellant’s motion for disqualification. Because the irregularity permeated the entire proceeding, we also vacate the order appointing a limited guardian¹ and remand for appropriate proceedings before another judge.

Reversed, vacated and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

There is no doubt that the trial judge’s participation in an ex-parte hearing at which opposing counsel made highly adverse statements concerning the absent and unrepresented appellant was so irremediably improper that he was mandatorily required to recuse himself. See Rollins v. Baker, 683 So.2d 1138 (Fla. 5th DCA1996); Wilson v. Armstrong, 686 So.2d 647 (Fla. 1st DCA 1996); Hanson v. Hanson, 678 So.2d 522 (Fla. 5th DCA 1996); Hatin v. Mitjans, 578 So.2d 289 (Fla. 3d DCA 1991), review denied, 591 So.2d 181 (Fla.1991). Accordingly, we reverse the order under review denying the appellant’s motion for disqualification. Because the irregularity permeated the entire proceeding, we also vacate the order appointing a limited guardian¹ and remand for appropriate proceedings before another judge.

Reversed, vacated and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

691 So. 2d 9, 1997 Fla. App. LEXIS 1835, 1997 WL 91314, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garner-v-martinez-fladistctapp-1997.

Opinion

Related

Cite This Page — Counsel Stack