DAGO BRUCE HALE
v.
STATE OF FLORIDA
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A trial court's determination regarding the timeliness of a motion to disqualify is reviewed for whether competent, substantial evidence supports the ruling.
[1] Whether a motion to disqualify was timely filed is a factual determination reviewed for whether competent, substantial evidence supports the trial court's ruling.
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Join FLexlaw to unlock all legal intelligenceHale filed a petition for writ of prohibition challenging the trial court's decision on a motion to disqualify. The specific facts underlying the moti…
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October 15, 2018 PER CURIAM.
The petition for writ of prohibition is denied on the merits. See Amato v. Winn Dixie Stores/Sedgwick James, 810 So. 2d 979 (Fla. 1st DCA 2002) (observing that whether a motion to disqualify was timely filed generally will involve a factual determination, and thus, is reviewed to determine whether competent, substantial evidence supports the trial court’s ruling).
ROBERTS, ROWE, and RAY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Anne M. Rush, Alachua, for Petitioner. Pamela Jo Bondi, Attorney General, and Amanda Stokes, Senior Assistant Attorney General, Tallahassee, for Respondent.
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- Amato v. Winn Dixie Stores/Sedgwick James, 810 So. 2d 979 (Fla. 1st DCA 2002)