State ex rel. Ambler v. Hooker

Citations

• 34 Fla. 25

Syllabus

<p>1. The previous relation of attorney and client, as shown in this case, disqualifies a judge in this State.</p> <p>2. The principle of disqualification of a judge by reason of a previous relation of attorney and client should not be given a narrow and technical construction, but should be applied to all classes of cases and to all judicial officers.</p> <p>3. A judge who, previous to his commission, was an attorney of record in a suit in which an execution issued, is disqualified to try a claim interposed to property levied upon under such execution.</p> <p>4. A judge who, previous to his commission, was a solicitor of record for complainant in a chancery cause, brought for the purpose of having receivers appointed for certain property, is disqualified from trying a claim interposed by said receivers to said property, when the saméis levied upon under execution in favor of third parties.</p> <p>3. A judge who, previous to his commission, has been an attorney in a case is disqualified to adjudicate not only all matters arising in that identical case, but also all supplemental matters or proceedings had or taken to enforce, or to resist the enforcement of, any judgment or decree rendered in such case.</p> <p>O. The question of the disqualification of a judge, by reason of a former relation of attorney and client, is entirely distinct and independent of any question of present interest in the case, and of the payment of any fee or reward therein.</p> <p>7. An act done by a partner in the firm name in the pursuit of its ordinary business is the act of the firm. A judge who, prior to his commission as such, was a member of a law firm which began a suit, using the name of such firm as attorneys for the plaintiff, is disqualified from trying a claim interposed to property levied upon by virtue of an execution issued in such main case, although the management of such suit may have been exclusively under the direction of the other member of such firm and not within the kn