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Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n

229 So. 3d 408 (Fla. Dist. Ct. App. 2017)
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Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n

4 Citing cases

  1. Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n

    271 So. 3d 889 (Fla. 2018)   Cited 12 times   3 Legal Analyses
    Noting that the "friended" user must affirmatively accept the request for the two users to become Facebook "friends"

    In this case, we consider an issue regarding the legal sufficiency of a motion to disqualify a trial court judge on the basis of a Facebook "friendship." This Court granted jurisdiction to review the decision of the Third District Court of Appeal in Law Offices of Herssein & Herssein, P.A. v. United Services Automobile Ass'n , 229 So.3d 408 (Fla. 3d DCA 2017), which held that the existence of a Facebook "friendship" was not a sufficient basis for disqualification and which expressly and directly conflicts with the decision of the Fourth District Court of Appeal in Domville v. State , 103 So.3d 184 (Fla. 4th DCA 2012). We have jurisdiction.

  2. Chmilarski v. Empire Fire & Marine Ins. Co.

    340 So. 3d 563 (Fla. Dist. Ct. App. 2022)   Cited 2 times

    The test for determining the legal sufficiency of a motion for disqualification is "whether the facts alleged (which must be taken as true) would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial." Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n, 229 So. 3d 408, 409 (Fla. 3d DCA 2017), approved, 271 So. 3d 889 (Fla. 2018). The analysis focuses on "the reasonable effect on the party seeking disqualification, not the subjective intent of the judge."

  3. Dabbs v. State

    330 So. 3d 50 (Fla. Dist. Ct. App. 2021)   Cited 4 times
    Holding that the trial court's remarks were sufficient to violate the Code of Judicial Conduct but concluding that the violations were insufficient to warrant disqualification of the trial judge

    "The test for determining the legal sufficiency of a motion for disqualification is whether ‘the facts alleged (which must be taken as true) would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial.’ " Law Off. of Herssein & Herssein, P.A. v. United Servs. Auto. Ass'n , 229 So. 3d 408, 409 (Fla. 3d DCA 2017) (quoting Molina v. Perez , 187 So. 3d 909, 909 (Fla. 3d DCA 2016) ). The facts alleged must be "germane to the judge's undue bias, prejudice, or sympathy."

  4. Shir Law Grp., P.A. v. Carnevale

    314 So. 3d 523 (Fla. Dist. Ct. App. 2020)   Cited 4 times
    Finding the trial court had not prejudged an issue when it coupled its observations with the statement "I am going to continue listening to the rest of this afternoon's questions and I will be able to make a determination on this issue once I hear all of the information."

    The test for determining the legal sufficiency of a motion for disqualification is whether the facts alleged would cause a reasonably prudent person to fear that he or she could not get a fair and impartial trial. The analysis must focus on what a reasonably prudent person would believe, not on the subjective fears of the movant or the subjective intent of the judge. Law Offices of Herssein & Herssein, P.A. v. United Servs. Auto. As'sn, 229 So. 3d 408, 409 (Fla. 3d DCA 2017), approved, 271 So. 3d 889 (Fla. 2018). The Shir Lawyers assert that the trial judge's comments fall within the line of authority holding that disqualification is required when the comments made by the judge indicate that he or she has prejudged the case or is biased.