From Casetext: Smarter Legal Research

Orlando Sports Stadium v. Sentinel

District Court of Appeal of Florida, Fourth District
Mar 5, 1973
273 So. 2d 83 (Fla. Dist. Ct. App. 1973)

Opinion

No. 72-449.

February 8, 1973. Rehearing Denied March 5, 1973.

Appeal from the Circuit Court, Orange County, Richard H. Cooper, J.

Charles E. Davis and Stephen P. Kanar of Fishback, Davis, Dominick Simonet, Orlando, for appellants.

William G. Mateer of Mateer Harbert, Orlando, for appellees.


Upon a careful review of the record in this case and an analysis of the applicable authorities we conclude that the application for disqualification was sufficient as a matter of law to require disqualification of the trial judge. State v. Parks, 1939, 141 Fla. 516, 194 So. 613; Mank v. Hendrickson, Fla.App. 1967, 195 So.2d 574; Brewton v. Kelly, Fla.App. 1964, 166 So.2d 834; State v. Cannon, Fla.App. 1964, 166 So.2d 625; Dickenson v. Parks, 1932, 104 Fla. 577, 140 So. 459; Crosby v. State, Fla. 1957, 97 So.2d 181; State v. Dewell, 1938, 131 Fla. 566, 179 So. 695; Vaughn v. State, Fla.App. 1969, 226 So.2d 443. Cf. Hahn v. Frederick, Fla. 1953, 66 So.2d 823. Having determined that an order of disqualification should have been entered it follows that the judgments and orders of the trial court entered subsequent thereto were without authority. Crosby v. State, supra; Vaughn v. State, supra.

Accordingly, the order denying suggestion for disqualification and all judgments and orders subsequent thereto including the final judgment are hereby vacated and set aside. The cause is remanded for the entry of an order of disqualification and reassignment in accordance with appropriate procedure and for such further action as is consistent herewith.

Reversed and remanded.

WALDEN, OWEN and MAGER, JJ., concur.


Summaries of

Orlando Sports Stadium v. Sentinel

District Court of Appeal of Florida, Fourth District
Mar 5, 1973
273 So. 2d 83 (Fla. Dist. Ct. App. 1973)
Case details for

Orlando Sports Stadium v. Sentinel

Case Details

Full title:ORLANDO SPORTS STADIUM, INC., ET AL., APPELLANTS, v. SENTINEL STAR…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 5, 1973

Citations

273 So. 2d 83 (Fla. Dist. Ct. App. 1973)

Citing Cases

Orlando Sports v. Sentinel Star

On January 10 and January 24, 1972, appellants filed further amendments to their amended complaint and after…

Cobo v. Pepper

Because we hold that the judge should have granted the ore tenus recusal motion, the judge's subsequent…