Equitable Life Assurance Society of the United States v. Waller

Florida District Courts of Appeal September 1, 1995

Equitable Life Assurance Society of the United States v. Waller, 659 So. 2d 490 (1995)

1995 Fla. App. LEXIS 9258; 1995 WL 516452

Goshorn, Griffin, Thompson

Opinion of the Court

GRIFFIN, Judge.

Although the factual predicate presented below creates a close question of law, we conclude that the motion and supporting affidavits are legally sufficient to state a reasonable fear on the part of petitioner that petitioner would not receive a fair hearing or trial before the currently assigned judge. We do not credit the principal contention of respondents Crittenden and Langley that the motion to disqualify was untimely filed. See Fla.R.Jud.Admin. 2.160(e). It was promptly filed after this judge was formally assigned. Accordingly, the writ of prohibition is issued.

WRIT GRANTED.

GOSHORN and THOMPSON, JJ., concur.

Reference

Full Case Name: The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a New York corporation v. The Honorable Margaret T. WALLER, etc.
Cited By: 1 case
Status: Published