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611 So. 2d 599

Rives v. Logan

District Court of Appeal of Florida

Decided January 6, 1993

District Court of Appeal of Florida · decided 1993-01-06

Cited by 3 later decisions — most recently February 2002

3 state decisions

Relies on 497 So. 2d 240 - Fischer v. Knuck · 418 So. 2d 1055 - Terry v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1993-01-06

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PER CURIAM.

¶1The petitioners, Browder W. and Howard P. Rives, seek a writ of prohibition to disqualify the respondent, Judge Paul E. Logan from the underlying case. We deny the writ.

¶2The petitioners’ motion to disqualify the respondent was denied by Judge Logan as legally insufficient. Following our review of the motion to disqualify and the accompanying affidavits, we agree with Judge Logan’s determination that the motion was legally insufficient.

¶3The motion states that the petitioners fear that they will not receive a fair hearing because of the respondent’s bias and prejudice. The factual allegations made in support of the motion consist of the petitioners’ disagreements with rulings made by Judge Logan. Adverse judicial rulings alone may not be the basis for disqualification of a judge for bias or prejudice. Gieseke v. Grossman, 418 So.2d 1055 (Fla. 4th DCA 1982). Additionally, subjective fears that a party would not receive a fair trial are insufficient to require the disqualification of a judge. Fischer v. Knuck, 497 So.2d 240 (Fla.1986).

¶4Petition denied.

SCHOONOVER, A.C.J., and HALL and BLUE, JJ., concur.
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