Sands Pointe Ocean Beach Resort Condominium Association, Inc. v. Aelion (consolidated petitions for writ of prohibition)
Twenty-seven consolidated petitions for prohibition sought to disqualify an incumbent Miami-Dade circuit judge in cases handled by a large statewide law firm because another lawyer at that firm was the judge's sole opponent in an upcoming judicial election. The Third DCA, addressing an issue of first impression, held the verified motions were legally insufficient: the candidacy of one firm member cannot be imputed to every other firm lawyer to create 'inherent' bias, and the movants alleged no conduct or specific, substantial political relationship rebutting the presumption of judicial impartiality.
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Key facts
- Twenty-seven consolidated petitions sought to disqualify a Miami-Dade circuit judge in cases handled by a large statewide law firm because another lawyer at that firm was the judge's opponent in an upcoming judicial election.
- The trial court denied the motions to disqualify based on alleged bias and prejudice.
- +2 more key facts with a free trial
Why it matters
This is the first Florida appellate decision squarely rejecting firm-wide imputation of a lawyer's judicial candidacy as a ground to disqualify the incumbent judge, and it will be cited whenever large-firm counsel… — full analysis with a trial
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