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Breakstone v. MacKenzie

District Court of Appeal of Florida, Third District
Nov 29, 1988
561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)

Summary

In Breakstone, the petitioner filed a second motion for disqualification, arguing that in the course of denying the first motion for disqualification, the trial judge had impermissibly passed on the truth of the facts alleged, thus providing additional grounds for disqualification.

Summary of this case from Breakstone v. MacKenzie

Opinion

No. 88-2392.

November 29, 1988.

William J. Berger, Miami, for petitioners.

Robert A. Ginsburg, Co. Atty., and Roy Wood, Asst. Co. Atty., for respondent.

Before NESBITT, FERGUSON, and JORGENSON, JJ.


On moving papers that were legally sufficient, petitioner sought to disqualify the respondent judge from hearing and determining post-judgment garnishment proceedings because the attorney for an adverse party had made a substantial financial contribution to the recent judicial campaign of the respondent's husband. We hold these facts sufficient to have warranted the judge entering an order of recusal. See Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986).

On the suggestion made, the respondent judge should have entered an order of recusal. Because we perceive the trial judge will do so, we withhold formal issuance of our writ of prohibition.


Summaries of

Breakstone v. MacKenzie

District Court of Appeal of Florida, Third District
Nov 29, 1988
561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)

In Breakstone, the petitioner filed a second motion for disqualification, arguing that in the course of denying the first motion for disqualification, the trial judge had impermissibly passed on the truth of the facts alleged, thus providing additional grounds for disqualification.

Summary of this case from Breakstone v. MacKenzie
Case details for

Breakstone v. MacKenzie

Case Details

Full title:ARTHUR BREAKSTONE, ET AL., PETITIONERS, v. THE HONORABLE MARY ANN…

Court:District Court of Appeal of Florida, Third District

Date published: Nov 29, 1988

Citations

561 So. 2d 1163 (Fla. Dist. Ct. App. 1988)

Citing Cases

Roudner v. MacKenzie

See Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986). See also Breakstone v. The Honorable Mary Ann…

Breakstone v. MacKenzie

On petition for writ of prohibition, a panel of our court held that the trial judge should have disqualified…