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SCHWARTZKOPF v. SEA

District Court of Appeal of Florida, First District
Jun 18, 2008
983 So. 2d 629 (Fla. Dist. Ct. App. 2008)

Opinion

No. 1D08-0527.

May 8, 2008. Rehearing Denied June 18, 2008.

Petition for Writ of Prohibition — Original Jurisdiction.

Donald Van Dingenen and Charles W. Smith of Van Dingenen, P.A., Winter Park, for Petitioner.

Michael F. Wilkes of Wilkes Hedrick, P.A., Melbourne, for Respondents.

Walter J. Havers of Office of the Judges of Compensation Claims, for Judge of Compensation Claims Paul T. Terlizzese.


The petition for writ of prohibition is denied on the merits.

LEWIS and HAWKES, JJ., CONCUR; BROWNING, C.J., DISSENTS WITH WRITTEN OPINION.


I would grant the writ of prohibition. It seems to me that the motion to disqualify the Judge of Compensation Claims (JCC) is facially sufficient. The adversarial relationship that has developed between claimant's attorney and the JCC, while unfortunate, gives the claimant ample reason to fear not receiving an impartial ruling from the JCC. The majority opinion "saddles" the claimant with the antithesis of what a litigant should receive: a fair hearing free from substantial doubt concerning a JCC's motivation when deciding an issue. The claimant deserves better here, and I, accordingly, dissent.


Summaries of

SCHWARTZKOPF v. SEA

District Court of Appeal of Florida, First District
Jun 18, 2008
983 So. 2d 629 (Fla. Dist. Ct. App. 2008)
Case details for

SCHWARTZKOPF v. SEA

Case Details

Full title:Judy A. SCHWARTZKOPF, Petitioner, v. SEA RAY BOATS, INC. and Specialty…

Court:District Court of Appeal of Florida, First District

Date published: Jun 18, 2008

Citations

983 So. 2d 629 (Fla. Dist. Ct. App. 2008)