State ex rel. Locke v. Sandler

CourtUnited States State Supreme Court of Florida
Citation156 Fla. 136,23 So.2d 276
PartiesSTATE ex rel. LOCKE v. SANDLER, Circuit Judge.
Decision Date21 September 1945

C. J. Hardee, of Tampa, for relator.

Harry N Sandler, of Tampa, in pro. per., for respondent.

BUFORD, Justice.

In this case, an original mandamus proceeding in this Court, the record shows that on August 6, 1945, Edna M. Locke, who was then defendant in a suit pending in the Circuit Court of Hillsborough County, filed a petition verified under oath, to disqualify the Honorable Harry N. Sandler to act as Circuit Judge in the proceedings to which she was a party as aforesaid. The petition charged as follows:

'I, Edna M Locke, defendant in the above styled cause, and wife of Radford D. Locke, plaintiff, after being duly sworn, say:

'That I, as defendant in the above styled cause fear that I will not receive a fair trial in this court before the Hon. Harry N Sandler, Circuit Judge, and I firmly believe that said Judge is prejudice in favor of the plaintiff, my husband, Radford D. Locke.

'The basis of the foregoing fear and belief on my part is founded in part upon the fact that although my husband had beaten me into unconsciousness and abused me over a period of several years and that he is a large man of more than six feet tall formerly a police officer of the city of Tampa, that upon the filing of the bill of complaint by him before the said judge, said judge, without notice to me, and without giving me an opportunity of being heard, entered an injunction which, among other things, prevented me from striking and doing bodily harm to plaintiff.

'And upon testimony taken before said judge at temporary hearing on Friday, July 27, it was shown in the record by competent testimony that I, the defendant, had been beaten, bound and gaged by the plaintiff, in the night time and left in an unconscious state in the clothes closet where I remained until some time early in the morning of Friday, July 27, 1945. That upon said hearing being concluded for the day, counsel for defendant requested the court for a temporary order restraining plaintiff from further interferring with defendant or from abusing her or doing her any physical injuries. This order was denied. That the court at said hearing instructed plaintiff that he would give her 30 days to vacate the home she occupied and deliver same to the plaintiff. Acting upon said instructions, defendant vacated said home on August 4, 1945, had her furniture removed by the Cladwell Bonded warehouse of Tampa, and later that day rented an unfurnished home in Tampa, and ordered the company to move said furniture on August 6th to said unfurnished house, that without notice to the defendant, said judge entered a restraining order preventing the defendant from moving said furniture to the home she had rented. And that while part of the furniture was in transit, it was returned to said warehouse on order of said judge.

'It is defendant's firm belief that relief is being granted by said judge favoring the plaintiff, and that defendant is being denied the right of a fair and impartial trial.'

The petition was sought to be supported by affidavits of two disinterested people. The affidavits were identical except as to the name of the affiant and were in the following language:

'I have read the affidavit made by Edna M. Locke, defendant, and I hereby certify that I am not of kin to the said Edna M. Locke, nor the counsel for defendant, and that Edna M. Locke is acting in good faith and has reasonable grounds to believe that the defendant will not receive a fair trial, and I make this affidavit for the purpose of supporting in substance the statement set forth in the affidavit of Edna M. Locke.'

Judge Sandler entered an order on the same day, as follows:

'This cause came on to be heard upon the disqualification affidavit filed by the defendant herein and the Court finding same to be regular, it is hereby ordered and adjudged that I, Harry N. Sandler, Circuit Judge, find myself disqualified to proceed in this cause in compliance with the statutes of the State of Florida. Done and ordered in Tampa, Florida, this 6th day of August, 1945.'

Thereupon, the plaintiff below, on August 10, 1945, filed here his petition for alternative writ of mandamus to be directed to the Honorable Harry N. Sandler requiring him to show cause why a writ of mandamus should not be issued requiring him to vacate the order of disqualification entered August 6, 1945, in that certain case pending in the Circuit Court of ...

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14 cases
  • Dura-Stress, Inc. v. Law, DURA-STRES
    • United States
    • Court of Appeal of Florida (US)
    • March 31, 1994
    ...... Fla.R.Jud.Admin. 2.160; see also Livingston v. State, 441 So.2d 1083 (Fla.1983).         The motion to disqualify the ... State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So.2d 276 (1945); Wilson v. Renfroe, ......
  • Vazquez v. Smith
    • United States
    • Court of Appeal of Florida (US)
    • February 3, 2021
    ...43-44, 33 S. Ct. 1007, 1010, 57 L.Ed. 1379 (1913) ; Wilson v. Renfroe, 91 So. 2d 857, 860 (Fla. 1956) ; State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So. 2d 276, 278 (1945). Consequently, mere recitations of adverse rulings, without more, do not constitute the requisite bias or prejudice......
  • Flagship Nat. Bank of Miami v. Testa, 83-11
    • United States
    • Court of Appeal of Florida (US)
    • April 5, 1983
    ......747, 295 N.Y.S. 590 (Bronx City Ct.1934); Annot., Authority of State Court to Order Jury Trial In Civil Case Where Jury Has Been Waived Or Not ... See State ex rel. Locke v. Sandler, 156 Fla. 136, 23 So.2d 276, 278 (1945); State ex rel. ......
  • Vazquez v. Smith
    • United States
    • Court of Appeal of Florida (US)
    • February 3, 2021
    ...43-44, 33 S. Ct. 1007, 1010, 57 L. Ed. 1379 (1913); Wilson v. Renfroe, 91 So. 2d 857, 860 (Fla. 1956); State ex rel. Locke v. Sandler, 23 So. 2d 276, 278 (Fla. 1945). Consequently, mere recitations of adverse rulings, without more, do not constitute the requisite bias or prejudice necessary......
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