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White v. Price

District Court of Appeal of Florida, Fourth District
Jul 8, 1988
536 So. 2d 1044 (Fla. Dist. Ct. App. 1988)

Opinion

No. 88-1537.

July 6, 1988. Rehearing Denied July 8, 1988.

John M. Camillo of Vernis Bowling, P.A., Fort Lauderdale, for petitioners.

No appearance for respondent.

John Beranek of Klein Beranek, P.A., West Palm Beach, and Sheldon J. Schlesinger, P.A., Fort Lauderdale, for plaintiffs-Steven Ahearn and Robert Ahearn.


ON MOTION FOR RECONSIDERATION


On June 9, 1988 this court denied petitioners' petition for writ of prohibition in the above styled manner. Petitioners have moved for reconsideration of the order denying their petition for writ of prohibition. We grant petitioners' motion.

The transcript filed with petitioners' motion for reconsideration supports petitioners' allegations that respondent undertook an active adversarial role in the proceeding by questioning petitioners' expert witness in a loud and argumentative manner. The transcript also furnishes a valid basis upon which a reasonably prudent person would conclude that he would not receive a fair and impartial trial. Therefore we grant petitioners' petition for writ of prohibition on the authority of Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981) and Gieseke v. Grossman, 418 So.2d 1055 (Fla. 4th DCA 1982).

We remand this cause to the circuit court for the appointment of a successor judge to hear such post-trial motions as may be filed by the parties.

PROHIBITION GRANTED.

GLICKSTEIN, DELL and GUNTHER, JJ., concur.


Summaries of

White v. Price

District Court of Appeal of Florida, Fourth District
Jul 8, 1988
536 So. 2d 1044 (Fla. Dist. Ct. App. 1988)
Case details for

White v. Price

Case Details

Full title:JOHN ROGER WHITE, ET AL., PETITIONERS, v. JUDGE JOSEPH E. PRICE, JR.…

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 8, 1988

Citations

536 So. 2d 1044 (Fla. Dist. Ct. App. 1988)

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