Vivas v. Hartford Fire Ins. Co., 4D01-1844.
| Decision Date | 01 August 2001 |
| Docket Number | No. 4D01-1844.,4D01-1844. |
| Citation | 789 So.2d 1252 |
| Parties | Rosie VIVAS, Petitioner, v. HARTFORD FIRE INSURANCE COMPANY, Respondent. |
| Court | Florida District Court of Appeals |
Jay S. Weiss of Jay S. Weiss, P.A., Fort Lauderdale, for petitioner.
Hildy Herrera Sastre of Shook, Hardy & Bacon, L.L.P., Miami, for respondent.
Petitioner seeks a writ of prohibition from an order denying her motion to recuse the trial judge. The verified motion to recuse alleges that the following occurred at a hearing:
The foregoing exchange was then interrupted by attention to the motion then pending after which the Judge said:
Several days later it was alleged that the following occurred at another hearing:
Although it was unnecessary for the trial court to disclose that he was a fraternity brother of a member of a law firm, if their relationship amounted to nothing more than that, we agree with petitioner that the manner in which the court made the disclosure along with his other comments could reasonably have caused her to be concerned that the judge "would be biased in favor of Mr. Moss and against my case."
As Judge Stevenson observed in Brofman v. Florida Hearing Care Center, Inc., 703 So.2d 1191, 1192 (Fla. 4th DCA 1997):
While the trial judge may have meant the remark to be a joke, rather than a reflection on his belief as to the merits of the petitioner's complaint, the standard is the reasonable effect on the party seeking disqualification, not the subjective intent of the judge. See State ex rel. Brown v. Dewell, 131 Fla. 566, 573, 179 So. 695, 697-98 (1938), quoted in Hayslip[ v. Douglas], 400 So.2d [553] at 556 [(Fla. 4th DCA 1981)]. Jokes by...
To continue reading
Request your trial
-
United States v. Jha
...witness's integrity. To be sure, jokes made by a judge can be a "risky venture" and "inappropriate." Vivas v. Hartford Fire Ins. Co., 789 So. 2d 1252, 1253 (Fla. Dist. Ct. App. 2001). But, the spontaneous attempt at humor that occurred here personalized and humanized the witness, without de......
-
Valdes-Fauli v. Valdes-Fauli, 3D04-2079.
...human discourse and banter in the course of performing their duties. See Copiers Int'l, 825 So.2d at 438; Vivas v. Hartford Fire Ins. Co., 789 So.2d 1252 (Fla. 4th DCA 2001); Don King Productions, Inc. v. Chavez, 768 So.2d 538 (Fla. 4th DCA 2000); Begens v. Olschewski, 743 So.2d 133 (Fla. 4......
-
Valdes-Fauli v. Valdes-Fauli, Case No. 3D04-2079 (FL 12/22/2004), Case No. 3D04-2079.
...human discourse and banter in the course of performing their duties. See Copiers Int'l, 825 So. 2d at 438; Vivas v. Harford Fire Ins. Co., 789 So. 2d 1252 (Fla. 4th DCA 2001); Don King Productions, Inc. v. Chavez, 768 So. 2d 538 (Fla. 4th DCA 2000); Begens v. Olschewski, 743 So. 2d 133 (Fla......
-
Dabbs v. State
...not the subjective intent of the judge." Haas v. Davis , 37 So. 3d 983, 983 (Fla. 3d DCA 2010) (quoting Vivas v. Hartford Fire Ins. Co. , 789 So. 2d 1252, 1253 (Fla. 4th DCA 2001) ). In other words, a well-grounded fear "is not a question of how the judge feels; it is a question of what fee......