Forehand v. Walton County
172 So. 3d 517
| Fla. Dist. Ct. App. | 2015Background
- Petitioners sued Walton County alleging inverse condemnation and sought injunctive relief for property damage caused by a county drainage project.
- Parties agreed the trial judge would decide the liability phase of the inverse condemnation claim and the injunctive relief claim.
- At a three-day bench trial petitioners introduced photos of erosion from several storms, including a large storm on April 30, 2014.
- At the close of arguments the judge referenced evidence and stated he was aware of storm damage in a neighboring county from the same storm.
- The judge ruled for the county; petitioners filed a timely motion to disqualify the judge for bias based on his reference to personal knowledge of storm damage and adverse evidentiary rulings.
- The trial judge denied the motion as legally insufficient; petitioners sought a writ of prohibition which this court denies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judge's reference to personal knowledge of neighboring storm damage required disqualification | Judge’s comment showed personal, extrajudicial knowledge and created a well-founded fear of bias | Judges may be aware of community events; a general comment about storm damage does not prove bias | No disqualification; general awareness of community events is permissible and insufficient alone to show bias |
| Whether adverse evidentiary and rulings justify disqualification | Adverse rulings demonstrate bias and justify disqualification | Adverse rulings alone do not establish bias | No disqualification; adverse rulings are not a basis for disqualification |
Key Cases Cited
- Valdes-Fauli v. Valdes-Fauli, 903 So.2d 214 (Fla. 3d DCA 2005) (defines legal sufficiency for disqualification motion)
- Adkins v. Winkler, 592 So.2d 357 (Fla. 1st DCA 1992) (burden on movant to show well-founded fear of not receiving fair trial)
- Fischer v. Knuck, 497 So.2d 240 (Fla. 1986) (verified motion must contain factual foundation; subjective fear insufficient)
- Ault v. State, 53 So.3d 175 (Fla. 2010) (adverse rulings do not establish judicial bias)
- Dep't of Agric. & Consumer Servs. v. Broward Cty., 810 So.2d 1056 (Fla. 1st DCA 2002) (same: adverse rulings insufficient for disqualification)