Friday, February 5, 2010

Prohibition Granted And Trial Judge Recused Based Upon Allegations Of Favorable Interest Rates From Lender

In Mines v. Countrywide Home Loan, Inc. (1D09-5669), the First District granted a writ of prohibition and ordered the Chief Circuit Judge to appoint a new trial judge.  The Petitioner alleged the trial judge should be recused "based upon an alleged financial interest in the form of favorable interest rates not available to the public in the judge’s own dealings with a lender with a close corporate affiliation to the plaintiff in the instant cause."  The First District held that:
This court finds that these facts, taken as true as they must be, would prompt a reasonably prudent person to fear that he or she will not obtain a fair and impartial hearing. We therefore grant the petition and direct the trial judge to enter an order of recusal, requesting that the chief circuit judge appoint a new judge to preside over the cause.
The docket from the trial court can be viewed HERE and the First District's docket for the case can be viewed HERE. The Petitioner's Petition can be viewed HERE, the Respondent's Answer Brief HERE and the Petitioner's Reply Brief HERE.  The Petition is also below:
Mines v. Countrywide - Petition


Post a Comment