Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated prohibition petitions)
Twenty-seven consolidated prohibition petitions sought to disqualify an incumbent Miami-Dade circuit judge because another lawyer at petitioners' law firm (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, held that a law-firm colleague's judicial candidacy cannot be imputed firm-wide to establish legally sufficient grounds for disqualification absent a specific and substantial political relationship or other objective indicia of bias, and denied all petitions.
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Key facts
- Twenty-seven litigants from various cases filed consolidated prohibition petitions seeking to disqualify a Miami-Dade circuit judge because another attorney at petitioners' law firm (not counsel of record) was running against the judge in an upcoming judicial election.
- The trial judge denied all motions to disqualify, and petitioners sought prohibition relief in the Third District Court of Appeal, arguing the candidacy of their law firm colleague established grounds for disqualification.
- +2 more key facts with a free trial
Why it matters
This is a case of first impression in Florida on whether an attorney's candidacy against a sitting judge disqualifies the judge in all cases handled by that attorney's firm. The court's answer — no, absent a specific… — full analysis with a trial
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