Atl. Coast Line R.R. Co. v. Holmes, 194 So. 613 (Fla. 1940). · Go Syfert
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Atl. Coast Line R.R. Co. v. Holmes, 194 So. 613 (Fla. 1940). Cases Citing This Book View Copy Cite
“this court is committed to the doctrine that every litigant is entitled to nothing less than the cold neutrality of an impartial judge.”
97 citation events (34 in the last 25 years) across 8 distinct courts.
Strongest positive: H.S., the Father v. Department of Children & Families (fladistctapp, 2024-04-03)
Treatment trajectory · 1940 → 2026 · click a year to view as-of
1940 1983 2026
Top citers, strongest first. 34 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) H.S., the Father v. Department of Children & Families (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2024 · signal: see also · quote attribution · 1 verbatim quote · confidence high
very litigant is entitled to nothing less than the cold neutrality of an impartial judge.
discussed Cited as authority (verbatim quote) Arce v. Wackenhut Corp. (2×) also: Cited as authority (rule)
Fla. Dist. Ct. App. · 2010 · quote attribution · 1 verbatim quote · confidence high
very litigant is entitled to nothing less than the cold neutrality of an impartial .
discussed Cited as authority (quoted) Tavares W. Spencer, Jr. v. State of Florida
unknown court · 2018 · quote attribution · 1 verbatim quote · confidence low
this court is committed to the doctrine that every litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited as authority (rule) Stephanie Sackett v. David Tubero and Paula Tubero
Fla. Dist. Ct. App. · 2026 · confidence medium
Davis v. Parks, 194 So. 613, 615 (Fla. 1939)) (“[E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge.”).
cited Cited as authority (rule) Department of Children and Families and Statewide Guardian Ad Litem v. Y. B. and C. H.
Fla. Dist. Ct. App. · 2025 · confidence medium
Davis v. Parks, 194 So. 613, 615 (1939)).
cited Cited as authority (rule) Inquiry Concerning a Judge No. 16-534 Re: Dana Marie Santino
Fla. · 2018 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939).
discussed Cited as authority (rule) ANTHONY CHAS PARR v. STATE OF FLORIDA
Fla. Dist. Ct. App. · 2018 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939), which bears repeating here: This Court is committed to the doctrine that every litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited as authority (rule) State v. Dixon and Matienzo
Fla. Dist. Ct. App. · 2017 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Bill Paul Marquardt v. State of Florida
Fla. · 2015 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 614 (1939).
cited Cited as authority (rule) M.B. v. S.P., M.D., & CDMG, P.A.
Fla. Dist. Ct. App. · 2013 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Albert v. Rogers
Fla. Dist. Ct. App. · 2011 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) In Re Doe
Fla. Dist. Ct. App. · 2008 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (Fla.1939).
cited Cited as authority (rule) State v. Alzate
Fla. Dist. Ct. App. · 2007 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939), has been compromised.
cited Cited as authority (rule) Gore v. State
Fla. · 2007 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939)).
cited Cited as authority (rule) Rodriguez v. State
Fla. · 2006 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939)).
discussed Cited as authority (rule) Vaughn v. Progressive Cas. Ins. Co.
Fla. Dist. Ct. App. · 2005 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939). [2] The requirement of neutrality helps to guarantee that life, liberty, or property will not be taken on the basis of an erroneous or distorted conception *1253 of the facts or the law.
cited Cited as authority (rule) Mansfield v. State
Fla. · 2005 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-520 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Sears v. State
Fla. Dist. Ct. App. · 2004 · confidence medium
Davis. v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Inquiry Concerning a Judge, Nos. 99-10 & 00-17
Fla. · 2001 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) In Re McMillan
Fla. · 2001 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Turner v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939)).
cited Cited as authority (rule) McFadden v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-520 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Hanson v. Hanson
Fla. Dist. Ct. App. · 1996 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939)).
discussed Cited as authority (rule) Rose v. State (2×)
Fla. · 1992 · confidence medium
Davis v. Parks, 141 Fla. 516, 519-20 , 194 So. 613, 615 (1939).
discussed Cited as authority (rule) Brown v. State
Wyo. · 1991 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939); State v. Steele, 348 So.2d 398 (Fla.App.1977); Irwin v. Marko, 417 So.2d 1108 , reh’g denied 419 So.2d 1198 (Fla.App.1982); and Dickenson, 140 So. at 462 ), a proceeding where the supreme court set forth: “This Court is committed to the doctrine that every litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited as authority (rule) Nateman v. Greenbaum
Fla. Dist. Ct. App. · 1991 · confidence medium
Davis v. Parks, 141 Fla. 516, 520 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) James v. Theobald
Fla. Dist. Ct. App. · 1990 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939)).
cited Cited as authority (rule) In Re Eastmoore
Fla. · 1987 · confidence medium
Davis v. Parks, 141 Fla. 516, 520 , 194 So. 613, 615 (1939): It is not enough for a judge to assert that he is free from prejudice.
cited Cited as authority (rule) Wishoff v. Polen
Fla. Dist. Ct. App. · 1985 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939): [EJvery litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited as authority (rule) Sikes v. Seaboard Coast Line R. Co.
Fla. Dist. Ct. App. · 1983 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) State v. Breland
Fla. Dist. Ct. App. · 1982 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939).
cited Cited as authority (rule) Weiner v. Weiner
Fla. Dist. Ct. App. · 1982 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939): [E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited as authority (rule) Hayslip v. Douglas
Fla. Dist. Ct. App. · 1981 · confidence medium
Davis v. Parks, 141 Fla. 516 , 194 So. 613, 615 (1939): [E]very litigant is entitled to nothing less than the cold neutrality of an impartial judge.
cited Cited "see" State Ex Rel. Fuente v. Himes
Fla. · 1948 · signal: see · confidence high
See State ex rel. v. Parks, 141 Fla. 516 , 194 So. 613 .
Retrieving the full opinion text from the archive…
Atlantic Coast Line Railroad Company
v.
Joseph Franklin Holmes, a Minor, by His Guardians and Next Friends, Iva G. Walker and Salvadore Gomes.
Supreme Court of Florida.
Jan 5, 1940.
194 So. 613
Henderson Franklin, for Plaintiff in Error; David Elmer Ward, for Defendant in Error.
Whitfield, Brown, Chapman, Thomas, Terrell, Buford, Compiled, Laws, Rules.
Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 63%
Per Curiam.

Writ of Error from final judgments of the Circuit Court for Lee County.

In a collision between an automobile driven by Francis Williams and a train of the Atlantic Coast Line Railroad, Silas Holmes and Mrs. Edna Holmes, passengers in the car driven by Williams, and father and mother of defendant in error were killed. Defendant in error, an 18-months-old child, had both legs broken, and is suing by his guardians and next friends for personal injuries to himself and for the death of both parents.

[*596] The circuit court tried all three cases together, and the jury returned verdicts for defendant in error in the sum of $500 for his personal injuries, and $1,000 each for the death of his father and mother.

Railroad Company assigns as errors the failure to direct verdicts in its favor, and' the insufficiency of evidence to support the verdicts.

There was sufficient evidence pertaining to the negligence of the Railroad Company in not giving warning signals at the crossing to go to the jury, and to support the verdicts.

No error appearing, the judgments of the circuit court should be and are hereby affirmed.

Affirmed.

Whitfield, P. J., Brown and Chapman, J. J., concur. Thomas, J., concurs in opinion and judgment. Justices Terrell and Buford not participating as authorized by Section 4687, Compiled General Laws of 1927, and Rule 21-A of the Rules of this Court.