Summary
holding that the trial judge should have granted a motion to disqualify where counsel seeking fees was member of the judge's reelection committee and was actively engaged in an ongoing campaign seeking judge's reelection while case was pending
Summary of this case from Rivera v. BosqueOpinion
Case No. 4D02-3156
Opinion filed October 30, 2002
Petition for writ of prohibition to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Joyce Julian, Judge; L.T. Case No. 00-18994(42)(91).
Pamela D. Dell, Weston, pro se.
Nancy W. Gregoire and D. David Keller of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre Gregoire, P.A., Fort Lauderdale, for respondent Bunnell, Woulfe, Kirschbaum, Keller, McIntyre Gregoire, P.A.
Pamela D. Dell (Petitioner) seeks relief barring the presiding Broward County Circuit Court judge from continuing to preside over matters concerning her former attorney, Katherine Birnbaum of the law firm of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre Gregoire, P.A. (the firm), seeking additional attorney's fees and costs arising from Petitioner's dissolution of marriage proceeding. As Petitioner alleged that Birnbaum was one of six members of the judge's re-election committee (not merely one of the 110 attorneys endorsing the judge's campaign), and that the committee is currently engaged in an ongoing campaign seeking the judge's 2002 re-election while the instant case is pending, we hold these allegations are sufficient and the judge should have granted the motion for disqualification. See Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986); Barber v. Mackenzie, 562 So.2d 755 (Fla.3d DCA), rev. denied, 576 So.2d 288 (Fla. 1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332, 1338 n. 5 (Fla. 1990).
Petition granted.
POLEN, C.J., SHAHOOD and TAYLOR, JJ., concur.