Florida District Courts of Appeal, 1992

Lowman v. Baker

Lowman v. Baker
Florida District Courts of Appeal · Decided April 10, 1992 · Cowart, Dauksch, Harris
595 So. 2d 1121; 1992 Fla. App. LEXIS 4054; 1992 WL 70145 (Southern Reporter, Second Series)

Lowman v. Baker

Dissenting Opinion

DAUKSCH, Judge,

dissenting.

I respectfully dissent.

It is obvious to me that the circuit judge who is requested to recuse himself is personally affronted by the actions of the lawyer for the petitioners. That circumstance gives an appearance of a less-than-objective attitude by the judge toward the lawyer which may affect the petitioners and their perception of the judge’s fairness. It is reasonable for the other parties to the lawsuit to feel that perhaps they too may be affected as a result of the conflict between the judge and petitioner’s lawyer. I am impressed by the fact that the judge felt it necessary to file an answer and dispute the allegations of the lawyer in this case, and especially one filed in an earlier case. It is my considered opinion that the judge should recuse himself in all cases involving J. Gordon Blau, Esq. and that this court should issue its writ of prohibition in this case.

Opinion of the Court

ON PETITION FOR WRIT OF PROHIBITION

PER CURIAM.

DENIED.

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

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