Environmental Farms, Inc. v. Roberts

Florida District Courts of Appeal
Environmental Farms, Inc. v. Roberts, 676 So. 2d 440 (1996)
1996 Fla. App. LEXIS 3759; 1996 WL 169208
Blue, Campbell, Schoonover

Environmental Farms, Inc. v. Roberts

Opinion of the Court

PER CURIAM.

The petitioners seek disqualification of the trial judge based on a statement she allegedly made at a summary judgment hearing. We conclude that the sworn motion and its supporting documentation were legally sufficient. See Livingston v. State, 441 So.2d 1083 (Fla. 1983); Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981). Our conclusion is not a comment on the fairness of the trial judge, but on the legal sufficiency of the motion. Therefore, we grant the petition for writ of prohibition, but assume it will be unnecessary to issue the formal writ. We are confident that the trial judge will, upon receipt of this opinion, recuse herself from this cause and the cause, thereafter, will be reassigned to a new trial judge according to the established procedures utilized in the Tenth Judicial Circuit.

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

Reference

Full Case Name
ENVIRONMENTAL FARMS, INC., a Florida Corporation, and Thomas A. Thayer v. The Honorable Susan W. ROBERTS, as Circuit Judge of the Tenth Judicial Circuit, and Barber's Produce, Inc., a Florida Corporation, and Jack N. Barber
Cited By
1 case
Status
Published