# Nateman v. Greenbaum

> District Court of Appeal of Florida · April 16, 1991 · 582 So. 2d 643

URL: https://www.frixlaw.com/law-library/cases/7593009

## Case

- **Full name:** Maria Argudin NATEMAN v. The Honorable Martin GREENBAUM, Circuit Judge, 11th Judicial Circuit, in and for Dade County, Florida
- **Court:** District Court of Appeal of Florida
- **Decided:** April 16, 1991
- **Citations:** 582 So. 2d 643; 1991 Fla. App. LEXIS 3567; 1991 WL 144243
- **Precedential status:** Published
- **Opinion:** Dissent by Baskin
- **Judges:** Bardkull, Baskin, Cope, Ferguson, Gersten, Goderich, Hubbart, Jorgenson, Levy, Nesbitt, Schwartz
- **Cited by:** 6 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7593009

## How later opinions describe it (automated extraction)

- recognizing that judges are “expected to be influenced by real life experiences”
- noting disbelief in witness’ testimony is ordinarily no basis for disqualification

## Opinion text

BASKIN, Judge
(dissenting).
The majority holds that “appellate review offers an adequate remedy” for correcting an erroneous judgment. If that proposition disposed of the issue before us, section 38.10, Florida Statutes (1989), and rule 1.432, Florida Rules of Civil Procedure, would be unnecessary. Where, as here, petitioner has articulated a reasonable fear that she will not receive a fair trial, Florida law mandates recusal of the trial judge. By waiting until the end of trial to set forth her complaints based on her reasonable fears, a litigant forfeits her bias objection. Lawson v. Longo, 547 So.2d 1279 (Fla. 3d DCA 1989). Petitioner has correctly employed the procedures for recusal; her constitutional right to a fair trial should rest not on the empathy of trial — or even appellate — judges, but on the remedy available to all reasonably fearful litigants. This court should not curtail Mrs. Nateman’s exercise of her rights.
For the sake of maintaining uniformity with this court’s prior decisions, I would grant en banc review and afford petitioner the relief she requests.
BARKDULL, J., concurs.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7593009. Public record. Not legal advice.