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3rd DCAJune 6, 2018Petitions Denied🔬 Novel Issue

Sands Pointe Ocean Beach Resort Condominium Ass'n, Inc. v. Aelion (consolidated prohibition petitions)

Case No. 18-0866

Twenty-seven consolidated petitions for writs of prohibition sought to disqualify an incumbent Miami-Dade circuit judge in cases handled by a large law firm, one of whose attorneys (not counsel of record in any of the cases) was the judge's sole election opponent. The Third DCA held the verified motions alleging 'inherent' bias by imputation of the candidacy to every firm lawyer were legally insufficient, and denied all petitions.

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Key facts

  • Twenty-seven consolidated petitions sought to disqualify a Miami-Dade circuit judge in cases handled by a large law firm, based solely on the candidacy of one firm attorney (not counsel of record) who was running against the incumbent judge.
  • The petitioners filed verified motions alleging the judge would be inherently biased against all attorneys from the candidate's firm due to the judicial candidacy of their colleague.
  • +2 more key facts with a free trial

Why it matters

This is the first Florida appellate decision addressing whether an attorney's candidacy against a sitting judge disqualifies that judge in all cases handled by the candidate's law firm, and the answer is no absent a… — full analysis with a trial

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