Florida District Courts of Appeal, 1987

Krueger v. School Board of Hernando County

Krueger v. School Board of Hernando County
Florida District Courts of Appeal · Decided July 9, 1987 · Cowart, Dauksch, Sharp
510 So. 2d 990; 12 Fla. L. Weekly 1649; 1987 Fla. App. LEXIS 9207 (Southern Reporter, Second Series)

Krueger v. School Board of Hernando County

Opinion of the Court

PER CURIAM.

Petition for Writ of Prohibition is denied.

SHARP and COWART, JJ., concur. DAUKSCH, J., dissents with opinion.

Dissenting Opinion

DAUKSCH, Judge,

dissenting.

I respectfully dissent.

In my opinion the petitioner has adequately set out grounds in her motion for disqualification filed below and the petition here to have the respondent disqualified from hearing the proceedings against her. All persons are entitled to be tried by unbiased and fair tribunals — administrative or judicial. Petitioner has set out facts which, if true, are sufficient to warrant a reasonable person to believe she cannot receive a fair, untainted hearing and decision by the school board. That being so, she is entitled to relief. I would grant the writ.

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