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FUNT v. NADLER

No. 88-832.

530 So.2d 1107 (1988)

Norman FUNT, Esquire, Linda Koenigsberg, Esquire, and Luis Stabinski & Associates, P.A., F/K/a Stabinski & Funt, P.A., Petitioners, v. Honorable Joseph NADLER, As Judge of the Eleventh Judicial Circuit Court, in and for Dade County, Florida and Maria Valero, Respondents.

District Court of Appeal of Florida, Third District.

September 20, 1988.

Attorney(s) appearing for the Case

Stephens, Lynn, Klein & McNicholas and Debra J. Snow and Robert M. Klein, Miami, for petitioners.

Robert A. Ginsburg, Co. Atty., and Roy Wood, Asst. Co. Atty., for respondent, Joseph Nadler.

Daniels and Hicks and Joseph C. Brock, Miami, for respondent Maria Valero.

Before HUBBART and FERGUSON, JJ., and COWART, JOE A., Jr., Associate Judge.

PER CURIAM.

Where a trial judge makes the parties aware of circumstances that might raise a question as to his ability to be impartial and spontaneously commits to recuse himself on a motion of a party, a subsequent and timely motion for recusal must be granted. It is held in such cases that the invitation to make the motion speaks louder than a subsequent disclaimer of bias. Pistorino v. Ferguson,

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