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Catasus v. Tabone

District Court of Appeal of Florida, Third District
Sep 23, 2009
19 So. 3d 427 (Fla. Dist. Ct. App. 2009)

Summary

holding that where the judge recused himself in a related proceeding because of a voluntarily revealed personal relationship with the parties, the judge should have granted a motion for disqualification in the separate case involving the same parties

Summary of this case from Rosales v. Bradshaw

Opinion

No. 3D09-1815.

September 23, 2009.

A Case of Original Jurisdiction — Prohibition.

Billbrough Marks and G. Bart Billbrough, for petitioner.

Angones, McClure Garcia and Francisco Angones, Miami; Steven J. Lachterman, Coral Gables, for respondents.

Before GERSTEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.


Having agreed to recuse himself in a related proceeding because of a voluntarily-revealed personal relationship with parties in the lawsuit, the trial judge should have granted a motion for disqualification in this separate case involving those same parties. See Steinhorst v. State, 636 So.2d 498 (Fla. 1994); Houck v. State, 669 So.2d 1131 (Fla. 3d DCA 1996). The present application for prohibition requiring his disqualification is therefore granted. We are certain that issuance of the formal writ will not be necessary.

While it is a fact that the two cases involve very similar subject matter, the same result would follow even if this were not the case. This is because the reason for the initial disqualification was the court's relationship with the parties, not the issues in the case. See Walls v. State, 910 So.2d 432 (Fla. 4th DCA 2005).

Prohibition granted.


Summaries of

Catasus v. Tabone

District Court of Appeal of Florida, Third District
Sep 23, 2009
19 So. 3d 427 (Fla. Dist. Ct. App. 2009)

holding that where the judge recused himself in a related proceeding because of a voluntarily revealed personal relationship with the parties, the judge should have granted a motion for disqualification in the separate case involving the same parties

Summary of this case from Rosales v. Bradshaw
Case details for

Catasus v. Tabone

Case Details

Full title:Graciela CATASUS, Petitioner, v. Andrew TABONE, Imperial House Condominium…

Court:District Court of Appeal of Florida, Third District

Date published: Sep 23, 2009

Citations

19 So. 3d 427 (Fla. Dist. Ct. App. 2009)

Citing Cases

Rosales v. Bradshaw

The same principle applies where a judge recuses himself because of his relationship to a defendant.…