Summary
In Wishoff, the Fourth District Court of Appeal granted a petition for writ of prohibition, finding that "[s]ince the final judgment was entered after petitioner filed her motion for disqualification, it must be vacated."
Summary of this case from Fischer v. KnuckOpinion
No. 85-228.
May 1, 1985. Rehearing and/or Clarification Denied June 7, 1985.
Cynthia L. Greene of Law Offices of Frumkes and Greene, P.A., and Betty Kessler, Miami, for petitioner.
Respondent, pro se.
Bruno Di Giulian of Di Giulian DiChiara, P.A., Fort Lauderdale, for intervenor.
We grant the husband's motion to intervene in these proceedings, whereby the wife seeks prohibition to disqualify the trial judge and to vacate the final judgment entered in the dissolution proceedings.
We grant the petition insofar as it requests the disqualification of the trial judge from further consideration of this cause. Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981); § 38.10, Fla. Stat. (1983). Since the final judgment was entered after petitioner filed her motion for disqualification, it must be vacated.
We withhold issue of the writ of prohibition based on respondent's representation that he will recuse himself from taking further action in this case.
As our supreme court held in State ex rel. Davis v. Parks, 141 Fla. 516, 194 So. 613, 615 (1939):
[E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge. It is the duty of Courts to scrupulously guard this right and to refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is seriously brought in question. The exercise of any other policy tends to discredit the judiciary and shadow the administration of justice.Weiner v. Weiner, 416 So.2d 1260, 1260 (Fla. 4th DCA 1982).
PETITION GRANTED.
ANSTEAD, C.J., and GLICKSTEIN and DELL, JJ., concur.