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Yet a new conflict alleged in utility suit

By BILL VARIAN
Published November 10, 2006

TAMPA - Property owners in the Egypt Lake area who are suing Tampa Electric Co. over the installation of giant power poles in their neighborhood are asking another judge to step aside from the case.

In a motion filed Thursday, Egypt Lake residents say Tampa Electric attorney Mark Buell has an ongoing acquaintance with Hillsborough Circuit Court Judge Gregory Holder that might cause the judge to have a bias against them.

The residents' attorney, Paul Antinori bases the claim on an affidavit Buell submitted on Holder's behalf when the judge was facing plagiarism charges before the state Judicial Qualifications Commission. In the affidavit attesting to the judge's character, signed in June 2005, Buell states he has known Holder for 18 years and has witnessed him in personal and professional settings, and that at one point their sons attended the same high school. One of his law partners provided a second character reference, two of nearly two dozen submitted on Holder's behalf before he was cleared of the allegations.

"He never disclosed that to us, and we just believe he's going to be inclined to lean in favor of the (lawyer's) clients in this case," Antinori said.

Holder is the seventh judge to oversee the more than 2-year-old suit, now slated to go to trial in January.

Two others voluntarily removed themselves from the case, citing conflicts, and a third refused Antinori's request to step down from pretrial proceedings after a conflict was alleged.

Rick Morera, a spokesman for Tampa Electric, said the character reference is old information that doesn't affect Holder's ability to hear the case.

[Last modified November 10, 2006, 01:03:43]