Stimpson Computing Scale Co., Inc. a Div. of Globe Slicing Mach. Co., Inc. v. Knuck

• Decision Date: 09 June 1987
• Docket Number: Nos. 85-2811,85-2832,s. 85-2811
• Citation: 508 So.2d 482,12 Fla. L. Weekly 1446
• Parties: 12 Fla. L. Weekly 1446 STIMPSON COMPUTING SCALE COMPANY, INC., A DIVISION OF GLOBE SLICING MACHINE CO., INC., a foreign corporation, Petitioner, v. The Honorable Francis X. KNUCK, Circuit Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent. STIMPSON COMPUTING SCALE COMPANY, INC., etc., Appellant, v. Robert Brian ESCH, Appellee.
• Court: Florida District Court of Appeals

Page 482

508 So.2d 482

12 Fla. L. Weekly 1446

STIMPSON COMPUTING SCALE COMPANY, INC., A DIVISION OF GLOBE SLICING MACHINE CO., INC., a foreign corporation, Petitioner, v. The Honorable Francis X. KNUCK, Circuit Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.

STIMPSON COMPUTING SCALE COMPANY, INC., etc., Appellant, v. Robert Brian ESCH, Appellee.

Nos. 85-2811, 85-2832.

District Court of Appeal of Florida,

Third District.

June 9, 1987.

Stephens, Lynn, Chernay & Klein, P.A., and Robert M. Klein and Debra J. Snow, Miami, for appellant.

Dennis L. Webb; Daniels & Hicks, P.A., and Patrice A. Talisman, Miami, for appellee.

Before HUBBART, FERGUSON and JORGENSON, JJ.

PER CURIAM.

Stimpson Computing Scale Company, Inc., [Stimpson] appeals from orders of the trial court striking Stimpson's pleadings and defenses, entering a default judgment against Stimpson on the issue of liability, and awarding attorneys' fees and costs to opposing party, Robert Brian Esch. Stimpson also petitions this court for a writ of prohibition declaring the trial judge disqualified from this case. We grant Stimpson's petition for a writ of prohibition, reverse the order of the trial court striking Stimpson's pleadings and defenses, reverse the default judgment entered against Stimpson, reverse the award of attorneys' fees and costs, and remand this cause for a new trial on the issue of liability.

In 1983, Esch commenced a products liability action against Stimpson alleging that Stimpson had negligently designed and manufactured the meat grinder which caused his injuries. Prior to trial, prompted by Stimpson's alleged discovery violations, Esch moved for the sanctions of striking Stimpson's pleadings and defenses, having a default judgment entered against Stimpson on the issue of liability, and having attorneys' fees and costs awarded. An evidentiary hearing was held on these motions. The trial court entered an order denying the motions to strike the pleadings and to enter a default judgment. The trial court reserved ruling upon Esch's motion for attorneys' fees and costs.

The trial began as scheduled. The case was submitted to the jury which was unable to reach a verdict. The trial court declared a mistrial. Esch renewed his previous motions for sanctions. Stimpson filed a motion for disqualification of the trial judge.

The trial court held a single hearing on all the motions. The hearing began with attorney David Halberg testifying as an expert witness for Esch as to the amount of reasonable attorneys' fees Esch had incurred. ¹ The trial court then proceeded to the question of recusal. Stimpson's motion set forth numerous grounds for recusal. Although Esch's counsel challenged the procedural and legal sufficiency of the motion, the trial judge specifically passed on the merits of Stimpson's allegations. The hearing concluded with arguments on the issue of the appropriate sanctions against Stimpson.

The trial court subsequently issued a single order which granted Esch's motion to strike Stimpson's pleadings and defenses, entered a default judgment against Stimpson on the issue of liability, and awarded Esch $70,000 in attorneys' fees and $5,000 in costs. The trial court denied Stimpson's motion for recusal as legally insufficient. Stimpson's motion for a rehearing was denied.

I. Writ of prohibition.

When faced with a motion for disqualification, a judge is bound to adhere to Fla.R.Civ.P. 1.432 which provides:

(d) Determination. The judge against whom the motion is directed shall determine only the legal sufficiency of the motion. The judge shall not pass on the truth of the facts alleged. If the motion is legally sufficient, the judge shall enter an order of disqualification and proceed no further in the action.

In this case, the trial court erred when it engaged in a discussion of the merits of Stimpson's charges. A judge may only examine a petition for recusal to determine if sufficient facts are alleged demonstrating entitlement to disqualification. Mangina v. Cornelius, 462 So.2d 602 (Fla. 5th DCA 1985); Layne v. Grossman, 430 So.2d 525 (Fla. 3d DCA), rev. denied, 438 So.2d 832 (Fla.1983). The truth of the allegations notwithstanding, once a judge exceeds the scope of inquiry required by Rule 1.432(d), recusal is mandated. Lake v. Edwards, 501 So.2d 759 (Fla. 5th DCA 1987); Layne, 430 So.2d at 526.

The unorthodox manner in which the pending posttrial motions were handled also warrants comment. The record indicates that the issue of attorneys' fees and costs was addressed at the start of the hearing for the convenience of Esch's expert witness. A judge faced with a motion for recusal should first resolve that motion before making additional rulings in a case. While we are not unaware of the importance of witness courtesy, a recusal motion must be heard first. The rationale for such a progression is based upon the principle that once a trial judge recuses himself orders issued thereafter are void subject to narrow exceptions. Barnett Bank of St. Lucie County v. Garrett, 468 So.2d 467 (Fla. 4th DCA 1985); Schwartz v. Schwartz, 431 So.2d 716 (Fla. 3d DCA 1983). The order of the entire hearing was askew once the court elected to consider the amount of attorneys' fees without first resolving the motion for disqualification.

II. Sanctions of striking pleadings and entering default judgment on issue of liability.

Because we conclude that the writ of prohibition must be granted, the other orders of the trial court striking Stimpson's pleadings and entering a default judgment...