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Zaias v. Kaye

District Court of Appeal of Florida, Third District
Oct 12, 1994
643 So. 2d 687 (Fla. Dist. Ct. App. 1994)

Summary

holding counsel's campaign contribution of unspecified amount and service as one of sixty committee members on judge's concluded campaign did not require disqualification

Summary of this case from Cini v. Cabezas

Opinion

No. 94-2139.

October 12, 1994.

Murphy Roig, and Patrick J. Murphy, Fort Lauderdale, for petitioners.

Robert A. Ginsburg, County Atty., and Roy Wood, Asst. County Atty., for respondent.

Before BASKIN, JORGENSON, and GERSTEN, JJ.


Petitioners seek a writ of prohibition challenging respondent's denial of a motion for disqualification. We deny the petition.

On August 31, 1994, petitioners moved to disqualify respondent, Judge Robert P. Kaye, because opposing counsel contributed to Judge Kaye's re-election campaign and served as one of over sixty members on his campaign committee. Petitioners alleged that difficulties they encountered in scheduling a hearing on their summary judgment motion evidenced the judge's bias. Judge Kaye has been re-elected, and the case is set for trial in the near future.

The fact that an attorney made a campaign contribution to a judge or served on a judge's campaign committee does not, without more, require disqualification. Nathanson v. Korvick, 577 So.2d 943 (Fla. 1991); MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332 (Fla. 1990). In general, facts must be alleged indicating "a specific and substantial political relationship" between the parties to constitute legally sufficient grounds for disqualification. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d at 1338 n. 5 (quoting Caleffe v. Vitale, 488 So.2d 627 (Fla. 4th DCA 1986)).

We note also that we are not faced with the circumstances present in Barber v. MacKenzie, 562 So.2d 755 (Fla. 3d DCA 1990), review denied, 576 So.2d 288 (Fla. 1991), where during the trial, counsel served as a member of the judge's contemporaneously active campaign committee. For these reasons, we deny the petition for a writ of prohibition.

Petition denied.


Summaries of

Zaias v. Kaye

District Court of Appeal of Florida, Third District
Oct 12, 1994
643 So. 2d 687 (Fla. Dist. Ct. App. 1994)

holding counsel's campaign contribution of unspecified amount and service as one of sixty committee members on judge's concluded campaign did not require disqualification

Summary of this case from Cini v. Cabezas

holding that counsel's campaign contribution of unspecified amount and service as one of sixty members on judge's concluded campaign did not require disqualification

Summary of this case from Rivera v. Bosque

holding counsel making a campaign contribution of unspecified amount and serving as one of sixty members on judge's campaign that had concluded, did not require disqualification, and commenting that it was not dealing with counsel serving as a member of the judge's contemporaneously active campaign committee

Summary of this case from Rivera v. Bosque

holding that the "fact that an attorney made a campaign contribution to a judge or served [as one of over sixty members] on a judge's campaign committee does not, without more, require disqualification."

Summary of this case from Braynen v. State

In Zaias, the judge denied a motion for disqualification that was based on opposing counsel's contribution to the judge's re-election campaign and service as one of over sixty members on the campaign committee.

Summary of this case from Cheek v. State
Case details for

Zaias v. Kaye

Case Details

Full title:NARDO ZAIAS, ET AL., PETITIONERS, v. HONORABLE ROBERT P. KAYE, RESPONDENT

Court:District Court of Appeal of Florida, Third District

Date published: Oct 12, 1994

Citations

643 So. 2d 687 (Fla. Dist. Ct. App. 1994)

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