Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions for writ of prohibition)
Twenty-seven consolidated petitions for writ of prohibition sought to disqualify an incumbent Miami-Dade circuit judge from cases in which the parties were represented by a large law firm, one of whose attorneys (not counsel of record) was the judge's sole opponent in an upcoming judicial election. The Third District held, as a matter of first impression, that the candidacy of one firm attorney is not automatically imputed to all firm lawyers so as to overcome the presumption of judicial impartiality, and denied all petitions because the motions alleged only conclusory 'inherent bias' with no specific and substantial political relationship or any conduct by the judge.
📄 Read the official opinion (3rd DCA) →
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Key facts
- Twenty-seven parties filed consolidated petitions seeking to disqualify a Miami-Dade circuit judge from cases where opposing counsel worked at a law firm whose attorney was the judge's opponent in an upcoming judicial election.
- The trial court denied all motions to disqualify, and the petitioners appealed to the Third District Court of Appeal.
- +2 more key facts with a free trial
Why it matters
This is a case of first impression establishing that the judicial candidacy of one lawyer in a firm is not imputed to the firm's other lawyers for disqualification purposes — directly useful whenever an attorney… — full analysis with a trial
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