Opinion

Robinson v. WARDEN CONST., INC.

  • 983 So. 2d 629
  • 2008 WL 1968323
Court
District Court of Appeal of Florida
Filed
May 8, 2008
Status
Published
On the bench
Per Curiam
Cited by
1 cases
Authority
More cited than 89.4%

The opinion

983 So.2d 629 (2008)

Mike ROBINSON, Jr., Petitioner,

v.

WARDEN CONSTRUCTION, INC. and CNA Insurance Company, Respondents.

No. 1D08-0530.

District Court of Appeal of Florida, First District.

May 8, 2008.

*630 Donald Van Dingenen and Charles W. Smith of Van Dingenen, P.A., Winter Park, for Petitioner.

Heather A. McLeod of Law Office of Linda S. Bittner, Maitland, for Respondents.

Walter J. Havers of Office of the Judges of Compensation Claims, for Judge of Compensation Claims Paul T. Terlizzese.

PER CURIAM.

The petition for writ of prohibition is denied on the merits.

LEWIS and HAWKES, JJ., CONCUR; BROWNING, C.J., DISSENTS WITH WRITTEN OPINION.

BROWNING, C.J., dissenting.

I would grant the writ of prohibition. It seems to me that the motion to disqualify the Judge of Compensation Claims (JCC) is facially sufficient. The adversarial relationship that has developed between claimant's attorney and the JCC, while unfortunate, gives the claimant ample reason to fear not receiving an impartial ruling from the JCC. The majority opinion "saddles" the claimant with the antithesis of what a litigant should receive: a fair hearing free from substantial doubt concerning a JCC's motivation when deciding an issue. The claimant deserves better here, and I, accordingly, dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.