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Mard v. Freeman

District Court of Appeal of Florida, Fifth District
Feb 28, 1997
688 So. 2d 455 (Fla. Dist. Ct. App. 1997)

Opinion

CASE NO. 96-1375

Opinion filed February 28, 1997

Petition for Writ of Prohibition. A Case of Original Jurisdiction.

R. Wade Wetherington of Wetherington, LeFloch Hamilton, P.A., Tampa, for Petitioner.

Tanya M. Plaut of Tanya M. Plaut, P.A., Orlando, for Respondent Ronda C. Weinstock.

Richard D. West of Richard D. West, P.A., Orlando, for Respondent Michael L. Weinstock.

No Appearance for Respondent, Hon. Thomas G. Freeman.


Michael J. Mard's petition for writ of prohibition seeks review of an order denying his motion to disqualify Judge Freeman from continuing to preside over the underlying lawsuit. We grant the petition.

Attorney Wetherington was representing Mard on an amended motion to award fees for a business evaluation in a dissolution case. During the hearing, attorney J. Cheney Mason testified in opposition to Mard's motion. After the hearing, Mason conferred with Judge Freeman at side bar. The conversation could not be heard by the parties or the court reporter. However, after the conversation, Judge Freeman said, "I'll do whatever you want me to do."

After Judge Freeman ruled adversely to Mard, Wetherington learned that attorney Mason had represented Judge Freeman in litigation involving an alleged violation of the Sunshine Law. Mard filed a motion to recuse supported by an affidavit from Wetherington alleging that Judge Freeman was biased against Wetherington and in favor of Mason. Mard alleged that in another case pending before Judge Freeman, Pinnacle Insurance Co. v. United Masonry Ent., Wetherington orally requested Judge Freeman's recusal after the judge stated he would never enter summary judgment. According to the recusal motion in the instant case, Judge Freeman denied and took exception to Wetherington's earlier motion and invited Wetherington into his chambers to discuss Wetherington's behavior. According to the motion, Judge Freeman told Wetherington that his behavior was inappropriate and tried to intimidate him. Although no motion was filed immediately in thePinnacle case, a written motion to recuse was timely filed in the instant case and was denied by Judge Freeman.

The motion to disqualify was properly before the court and complied with the procedural requirements of Florida Rule of Judicial Administration 2.160. Under the circumstances, we find that the petitioner has met his burden to establish a legally sufficient basis for disqualification. Livingston v. State, 441 So.2d 1083 (Fla. 1983); _Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981).

Accordingly, we grant the petition and issue the writ of prohibition.

PETITION GRANTED.

PETERSON, C.J., and GRIFFIN JJ., concur.


Summaries of

Mard v. Freeman

District Court of Appeal of Florida, Fifth District
Feb 28, 1997
688 So. 2d 455 (Fla. Dist. Ct. App. 1997)
Case details for

Mard v. Freeman

Case Details

Full title:MICHAEL J. MARD, Petitioner, v. HON. THOMAS G. FREEMAN, et al., Respondents

Court:District Court of Appeal of Florida, Fifth District

Date published: Feb 28, 1997

Citations

688 So. 2d 455 (Fla. Dist. Ct. App. 1997)

Citing Cases

Mard v. Weinstock

We granted the petition and issued the writ, finding Mard's motion to disqualify legally sufficient and…