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McDERMOTT v. GROSSMAN

No. 82-2286.

429 So.2d 393 (1983)

Henry McDERMOTT and Lucille McDermott, His Wife, Petitioners, v. The Honorable Rhea Pincus GROSSMAN, Judge of the Circuit Court of the Eleventh Judicial Circuit, in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 25, 1983.

Attorney(s) appearing for the Case

Spence, Payne, Masington & Grossman and Joel Eaton, Miami, for petitioners.

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

Walton, Lantaff, Schroeder & Carson and Michael R. Jenks and Kathleen M. O'Connor, Miami, for Dr. Walid Mnaymneh and Dr. Alfred Ketcham, as amicus curiae.

Blackwell, Walker, Gray, Powers, Flick & Hoehl and Diane H. Tutt, Miami, for Dr. Alan L. Schiller as amicus curiae.

Fowler, White, Burnett, Hurley, Banick & Strickroot and Kathleen M. Williams, Miami, for Drs. Latifa Ghandur Mnaymenh, Mario Sandana, Sharon Thompson, Azorides Morales, Public Health Trust of Dade County, d/b/a Jackson Memorial Hospital and The University of Miami d/b/a University of Miami School of Medicine as amicus curiae.

Before HENDRY, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Upon consideration of the petition for writ of prohibition, response thereto, briefs of amici curiae and argument of counsel we conclude that the trial court should have granted petitioners' Florida Rule of Civil Procedure 1.432 motion to disqualify.

Where a lawyer voices his opposition to the election of a judge, it is assumed that the judge will not thereafter harbor prejudice against the lawyer affecting the judge's ability to be impartial in...

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