L.D., MOTHER OF A.A., A CHILD, AND P.A., FATHER OF A.A., A CHILD, APPELLANTS,
v.
DEPARTMENT OF CHILDREN AND FAMILIES, APPELLEE
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The appellate court granted the father's petition for a writ of prohibition, quashing the order denying his motion to disqualify the trial judge.
The court held that the trial judge's extensive questioning of a witness reasonably caused the father to fear that he could not receive a fair and impartial trial, thus warranting disqualification.
During a child custody proceeding, the trial judge extensively questioned a witness regarding the mother's neglect and abuse of the children, as well …
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PER CURIAM.
Appeal No. 5D01-2520 AFFIRMED. See § 39.01(30)(i), Fla Stat. (2000); D.D. v. D.C.F., 773 So. 2d 615 (Fla. 5th DCA 2000).
Appeal No. 5D01-2521 DISMISSED. See N.S.H. v. Department of Children and Family Services, 803 So. 2d 877 (Fla. 5th DCA 2002), rev. granted, Table No. SC02-261, 819 So. 2d 137 (Fla.2002); Ostrum v. Department of Health and Rehabilitative Services, 663 So. 2d 1359 (Fla. 4th DCA 1995).
THOMPSON, C.J., PETERSON and PLEUS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- D.D. as Parent of E.R. v. Dep't of Child. & Families, 773 So. 2d 615 (Fla. 5th DCA 2000)
- Ostrum v. Dep't of Health & Rehabilitative Servs. of the State of Fla., 663 So. 2d 1359 (Fla. 4th DCA 1995)
- N.S.H. v. Dep't of Child. & Fam. Servs., 803 So. 2d 877 (Fla. 5th DCA 2002)