PEARLY BELGRAVE-SIMMONDS, PETITIONER,
v.
CHRISTOPHER BELGRAVE, RESPONDENT
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A Florida appellate court granted a petition for mandamus after a trial judge failed to rule on a motion to disqualify within the required 30-day period under Florida Rule of Judicial Administration 2.330(j). The petitioner filed her disqualification motion on November 20, 2012, but the judge did not rule until February 23, 2013—approximately three months later.
The motion to disqualify should have been deemed granted because the trial judge failed to rule within the required 30-day period. The petitioner is entitled to mandamus relief and may seek an order directing the clerk to reassign the case to a different judge.
[1] A judge must rule on a motion to disqualify immediately, but no later than thirty days after the service of the motion.
[2] A trial court's failure to rule on a motion to disqualify within the prescribed thirty-day period requires the motion to be deemed granted.
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Join FLexlaw to unlock all legal intelligence“The judge shall rule on a motion to disqualify immediately, but no later than thirty days after the service of the motion”
Establishes the mandatory 30-day deadline for ruling on disqualification motions under Florida Rule of Judicial Administration 2.330(j)
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Join FLexlaw to unlock all legal intelligencePearly Belgrave-Simmonds filed a motion to disqualify the trial judge on November 20, 2012. The trial judge did not rule on the motion until February …
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Pearly Belgrave-Simmonds petitions this Court for a writ of mandamus following the court’s denial of her motion to *965disqualify the trial judge. Because the motion was ruled upon approximately three months after it was filed, we grant the petition. See Fla. R. Jud. Admin. 2.330(j) (“The judge shall rule on a motion to disqualify immediately, but no later than thirty days after the service of the motion ... ”)•
The petitioner filed a motion to disqualify the trial judge on November 20, 2012; the motion was not ruled upon until February 23, 2013. The ruling was more than thirty days from the time that the petitioner filed the disqualification motion. Thus, the motion should have been deemed granted. The petitioner may seek an order from the court directing the clerk to reassign the case. See Schisler v. State, 958 So.2d 503, 504 (Fla. 3d DCA 2007) (granting mandamus petition where trial judge failed to rule on motion to disqualify within 30 days of service of the motion as required under Florida Rule of Judicial Administration 2.330 and remanding for the circuit court to enter an order directing the clerk to reassign the case to a different judge); see also Tableau Fine Art Group, Inc. v. Jacoboni, 853 So.2d 299 (Fla.2003) (“A motion for judicial disqualification filed pursuant to Florida Rule of Judicial Administration 2.160 [current Rule 2.330] must be ruled on within thirty days following its presentation to the court.”)
We grant the mandamus petition, quash the order on review, and direct the trial court to enter an order directing the clerk to reassign this case to a different judge.
WARNER, CIKLIN and CONNER, JJ., concur.
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Citator
Cited By
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DOE v. State, 210 So. 3d 154 (Fla. 2d DCA 2016)…ure 3.131); Office of the Att’y Gen. v. Shore, 41 So. 3d 966, 969-70 (Fla. 2d DCA 2010) (granting writ of mandamus, concluding that clerk of court had legal, ministerial duty pursuant to rules 2.535, 9.140, and 9.200); Belgrave-Simmonds v. Belgrave, 122 So. 3d 964, 965 (Fla. 4th DCA 2013) (granting writ of mandamus based on ministerial duty created by rule 2.330); Lynch v. State, 736 So. 2d 1221, 1222 (Fla. 5th DCA 1999) (granting writ of mandamus and concluding that rules 3.180 and 3.220 created ministerial…
Authorities Cited
- Tableau Fine ART Grp., Inc. v. Jacoboni, 853 So. 2d 299 (Fla. 2003)
- Schisler v. State, 958 So. 2d 503 (Fla. 3d DCA 2007)