Florida District Courts of Appeal, 2014

Arend v. State

Florida District Courts of Appeal · Decided September 24, 2014 · Gross, Stevenson, Taylor

149 So. 3d 126; 2014 Fla. App. LEXIS 14895; 2014 WL 4723829 (Southern Reporter, Third Series)

Cases that cite this one

1 later published case cites this decision.

Fetzner v. State (Fla. Dist. Ct. App. 2017)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The petition for writ of prohibition is granted. Petitioner’s motion to disqualify the trial judge was legally sufficient. See Fla. R. Jud. Admin. 2.330(d)(1). The facts alleged would prompt a reasonably pru*127dent person to fear that he could not get a fair hearing. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1335 (Fla. 1990); Franco v. State, 777 So.2d 1138, 1140 (Fla. 4th DCA 2001) (recognizing that a judge’s hostility toward counsel can, in some circumstances, provide a reasonable basis for a client to fear bias); Hayslip v. Douglas, 400 So.2d 553, 556 (Fla. 4th DCA 1981).

STEVENSON, GROSS and TAYLOR, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.