Hill v. Iris Elizabeth Hill & Ponte Vedra Animal Hosp., Inc.

District Court of Appeal of Florida

Hill v. Iris Elizabeth Hill & Ponte Vedra Animal Hosp., Inc.

242 So. 3d 1207

CourtDistrict Court of Appeal of Florida

DecidedMay 17, 2018

DocketCase No. 5D18–1192

StatusPublished

This text of 242 So. 3d 1207 (Hill v. Iris Elizabeth Hill & Ponte Vedra Animal Hosp., Inc.) 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

Hill v. Iris Elizabeth Hill & Ponte Vedra Animal Hosp., Inc., 242 So. 3d 1207 (Fla. Ct. App. 2018).

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Opinion

PER CURIAM.

Darryl Hill petitions this court for a writ of prohibition, challenging the denial of his timely motion to disqualify the trial judge presiding over the below proceedings. After a review of the record, including the transcript from the hearing described in Hill's motion to disqualify, we conclude that comments made by the judge at that hearing "were sufficient to put a reasonably prudent person in well-founded fear of not receiving a fair or impartial hearing or trial." State v. Gresham , 214 So.3d 780, 781 (Fla. 5th DCA 2017) (citing Shuler v. Green Mountain Ventures, Inc. , 791 So.2d 1213, 1215 (Fla. 5th DCA 2001) (holding that fear of judicial bias giving rise to disqualification motion must be objectively reasonable) ). Accordingly, we grant the petition and issue the writ of prohibition.

PETITION GRANTED.

COHEN, C.J., and LAMBERT, J., concur.

TORPY, J., dissents without opinion.

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PER CURIAM.

Darryl Hill petitions this court for a writ of prohibition, challenging the denial of his timely motion to disqualify the trial judge presiding over the below proceedings. After a review of the record, including the transcript from the hearing described in Hill's motion to disqualify, we conclude that comments made by the judge at that hearing "were sufficient to put a reasonably prudent person in well-founded fear of not receiving a fair or impartial hearing or trial." State v. Gresham , 214 So.3d 780, 781 (Fla. 5th DCA 2017) (citing Shuler v. Green Mountain Ventures, Inc. , 791 So.2d 1213, 1215 (Fla. 5th DCA 2001) (holding that fear of judicial bias giving rise to disqualification motion must be objectively reasonable) ). Accordingly, we grant the petition and issue the writ of prohibition.

PETITION GRANTED.

COHEN, C.J., and LAMBERT, J., concur.

TORPY, J., dissents without opinion.

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Bluebook (online)

242 So. 3d 1207, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-iris-elizabeth-hill-ponte-vedra-animal-hosp-inc-fladistctapp-2018.

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