Public-domain · open source
OpenJurist

85 So. 2d 833

Ervin v. Collins

Supreme Court of Florida

Decided February 25, 1956

Supreme Court of Florida · decided 1956-02-25

Key passage — most relied on by later courts

“are close, intimate, and personal friends, and have been for many years,”

quoted by 2 later decisions, including In Re Estate of Carlton, 561 So. 2d 1164 - Breakstone v. MacKenzie

“not legally sufficient to constitute a basis for the disqualification of the Justices ... but on the contrary are addressed to the conscience of the respective Justices[,]”

quoted by 1 later decision, including 561 So. 2d 1164 - Breakstone v. MacKenzie

Relies on Ball v. Yates · 66 So. 2d 823 - Hahn v. Frederick

Good law ✅— No negative treatment on recordhow we know

Decided 1956-02-25

How this case has been cited

Cited by 7 later decisions — most recently November 2018

7 state decisions

201956196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

PER CURIAM.

¶1This cause is before the Court on the suggestions of Peaslee Streets, one of the attorneys, that Justices Elwyn Thomas, Campbell Thornal and Stephen O’Connell are disqualified to hear the above cause, on the ground of bias in favor of the appellee, LeRoy Collins. Disqualification of Justice Thomas is sought because of the fact that “Justice Thomas and LeRoy Collins and their families are close, intimate, and personal friends, and have been for many years.” Disqualification of Justice Thornal and Justice O’Connell is sought on the ground that each was appointed to the office of Justice by Governor Collins, and each is a strong personal and political friend of the Governor.

¶2At the bar of this Court the attorney for Peaslee Streets has conceded that the sug* *834gestions filed on behalf of Streets are not legally sufficient to constitute a basis for the disqualification of the Justices sought to be disqualified, but on the contrary are addressed to the conscience of the respective Justices'against whom the suggestions are directed. With this we agree.

¶3The suggestions are not sufficient in form to constitute a legal basis for disqualification. Ball v. Yates, 158 Fla. 521, 29 So.2d 729; Hahn v. Frederick, Fla., 66 So.2d 823. And assuming that the form of the suggestions were sufficient, the facts alleged therein are not sufficient to constitute a legal basis for disqualification.

DREW, C. J., TERRELL, HOBSON and BUFORD, JJ., and PARKS and HARRISON, Associate Justices, concur.
/85/so2d/833 · .json · Public domain