Sands Pointe Ocean Beach Resort Condominium Ass'n, Inc. v. Aelion (consolidated petitions)
Twenty-seven consolidated prohibition petitions sought to disqualify an incumbent Miami-Dade circuit judge in cases handled by a large statewide law firm because one lawyer at that firm (not counsel of record in any of the cases) was the judge's sole election opponent. The Third District, addressing an issue of first impression, held that the attorney-candidate's candidacy is not imputed to every other lawyer in the firm, and that conclusory allegations of 'inherent bias or prejudice' are legally insufficient to overcome the presumption of judicial impartiality. All petitions were denied, with express limitations noting that a small-firm scenario or a judge's own sense of propriety could warrant a different result.
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Key facts
- Twenty-seven consolidated prohibition petitions sought to disqualify a Miami-Dade circuit judge in multiple cases handled by a large statewide law firm.
- One attorney at the firm was the judge's sole election opponent, but that attorney was not counsel of record in any of the cases at issue.
- +2 more key facts with a free trial
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