Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions for prohibition)
Twenty-seven consolidated petitions for writs of prohibition sought to disqualify an incumbent circuit judge from cases handled by a large law firm because one firm attorney (not counsel of record in any of the cases) was the judge's sole opponent in an upcoming judicial election. The Third DCA, addressing an issue of first impression in Florida, held the verified motions alleging only 'inherent' bias by imputation of the candidacy to all firm members were legally insufficient and denied the petitions.
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Key facts
- Twenty-seven consolidated petitions for writs of prohibition sought to disqualify an incumbent circuit judge from cases handled by a large law firm because one attorney at the firm (not counsel of record in any cases) was running against the judge in an upcoming judicial election.
- The petitioners alleged only that the opposing candidate's firm membership created inherent bias by imputation, without alleging any specific and substantial political relationship between the candidate and the counsel of record appearing in the cases.
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Why it matters
This is a first-impression ruling that practitioners in Miami-Dade and statewide will cite whenever a lawyer challenges a sitting judge and that lawyer's firm has cases before the judge. It establishes that candidacy is… — full analysis with a trial
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