DEPARTMENT OF CHILDREN AND FAMILY SERVICES, PETITIONER,
v.
THE INTEREST OF E.E., R.B. AND J.K., MINOR CHILDREN, RESPONDENTS

Fla. 4th DCA | 2004-05-12
No. 4D04-663
GUNTHER, WARNER and STEVENSON, JJ., concur.
872 So. 2d 434 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 5 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

We deny the petition for writ of prohibition seeking disqualification of the trial judge because of prejudice. The motion to disqualify the trial judge, filed by the Department of Children and Family Services in the trial court, was legally insufficient because it was not sworn to by the Department or its representative. See Fla. R. Jud. Admin. 2.160(c) (“A motion to disqualify shall be in writing and specifically allege the facts and reasons relied on to show the grounds for disqualification and shall be sworn to by the party by signing the motion under oath or by a separate affidavit.”). The affidavit attached was signed by an individual whose connection with the case is unknown, but she is not designated as a representative of the Department.

GUNTHER, WARNER and STEVENSON, JJ., concur.


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  • State v. Schuck, 913 So. 2d 69 (Fla. 4th DCA 2005)
    …VENSON, C.J., and CROW, DAVID F., Associate Judge, concur. . We take judicial notice of the fact that it was dark out during the subject stop. . A trial court’s ruling on a motion to suppress is a mixed question of fact and law. Shingles v. State, 872 So. 2d 434, 437 (Fla. 4th DCA 2004). While legal conclusions should be reviewed de novo, "a reviewing court should take care both to review findings of historical fact only for clear error and to give due weight to inferences drawn from those facts by resident…
  • State v. R.R., 90 So. 3d 919 (Fla. 4th DCA 2012)
    …ten order. By denying the motion to suppress, the trial court implicitly determined the inevitable discovery doctrine did not apply in this case. A trial court’s ruling on a motion to suppress is a mixed question of fact and law. Shingles v. State, 872 So. 2d 434, 437 (Fla. 4th DCA 2004). Although we find no error with the trial court’s rulings concerning the suppression of R.R.’s statements, we find error with the ruling on the inevitable discovery doctrine and the suppression of the marijuana. As we recen…
  • D'Andre Bannister v. State, 132 So. 3d 267 (Fla. 4th DCA 2014)
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