Rives v. Logan

District Court of Appeal of Florida

Rives v. Logan

611 So. 2d 599, 1993 Fla. App. LEXIS 27, 1993 WL 2960

CourtDistrict Court of Appeal of Florida

DecidedJanuary 6, 1993

DocketNo. 92-03256

StatusPublished

Cited by3 cases

This text of 611 So. 2d 599 (Rives v. Logan) 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.

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Rives v. Logan, 611 So. 2d 599, 1993 Fla. App. LEXIS 27, 1993 WL 2960 (Fla. Ct. App. 1993).

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Opinion

PER CURIAM.

The petitioners, Browder W. and Howard P. Rives, seek a writ of prohibition to disqualify the respondent, Judge Paul E. Logan from the underlying case. We deny the writ.

The petitioners’ motion to disqualify the respondent was denied by Judge Logan as legally insufficient. Following our review of the motion to disqualify and the accompanying affidavits, we agree with Judge Logan’s determination that the motion was legally insufficient.

The motion states that the petitioners fear that they will not receive a fair hearing because of the respondent’s bias and prejudice. The factual allegations made in support of the motion consist of the petitioners’ disagreements with rulings made by Judge Logan. Adverse judicial rulings alone may not be the basis for disqualification of a judge for bias or prejudice. Gieseke v. Grossman, 418 So.2d 1055 (Fla. 4th DCA 1982). Additionally, subjective fears that a party would not receive a fair trial are insufficient to require the disqualification of a judge. Fischer v. Knuck, 497 So.2d 240 (Fla.1986).

Petition denied.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.

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PER CURIAM.

The petitioners, Browder W. and Howard P. Rives, seek a writ of prohibition to disqualify the respondent, Judge Paul E. Logan from the underlying case. We deny the writ.

The petitioners’ motion to disqualify the respondent was denied by Judge Logan as legally insufficient. Following our review of the motion to disqualify and the accompanying affidavits, we agree with Judge Logan’s determination that the motion was legally insufficient.

The motion states that the petitioners fear that they will not receive a fair hearing because of the respondent’s bias and prejudice. The factual allegations made in support of the motion consist of the petitioners’ disagreements with rulings made by Judge Logan. Adverse judicial rulings alone may not be the basis for disqualification of a judge for bias or prejudice. Gieseke v. Grossman, 418 So.2d 1055 (Fla. 4th DCA 1982). Additionally, subjective fears that a party would not receive a fair trial are insufficient to require the disqualification of a judge. Fischer v. Knuck, 497 So.2d 240 (Fla.1986).

Petition denied.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.

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611 So. 2d 599, 1993 Fla. App. LEXIS 27, 1993 WL 2960, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rives-v-logan-fladistctapp-1993.

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