No. 91-1006 | Fla. Dist. Ct. App. | May 22, 1991
This petition for writ of prohibition to disqualify the trial judge is granted.
Section 38.10, Florida Statutes, sets up the substantive right to seek disqualification of a trial judge. Brown v. St. George Island, Ltd., 561 So. 2d 253" date_filed="1990-04-19" court="Fla." case_name="Brown v. St. George Island, Ltd.">561 So.2d 253, 255 (Fla.1990). Florida Rule of Civil Procedure 1.432 controls the disqualification procedure in civil cases. Id. Where a motion for disqualification fulfills the procedural requirements of that rule, is supported by a verified statement of specific facts that are reasonably sufficient to create a well-founded fear on the part of a party that he or she will not receive a fair trial, and is timely made, it should be granted. Fischer v. Knuck, 497 So. 2d 240" date_filed="1986-11-06" court="Fla." case_name="Fischer v. Knuck">497 So.2d 240, 242 (Fla.1986), and cases cited therein.
Here the procedural requirements were met; counsel’s affidavit supported the operative facts set forth in the motion, stating specifically how he came to know those facts; and, taken as true, those facts were reasonably sufficient to generate in petitioner a fear of bias on the part of the trial judge. The facts alleged in such a motion must be taken as true when the motion is supported by the required documentation. See, e.g., Gieseke v. Grossman, 418 So. 2d 1055" date_filed="1982-07-28" court="Fla. Dist. Ct. App." case_name="Gieseke v. Grossman">418 So.2d 1055, 1057 (Fla. 4th DCA 1982).