MARY HOLT
v.
WILLIAM NELSON
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A motion to disqualify a trial judge is not moot merely because it is filed during ongoing proceedings, and a judge's effort to refute facts alleged in a disqualification motion compels disqualification.
[1] A motion to disqualify a trial judge filed during the pendency of proceedings is not rendered moot by the mere continuation of the case, and a judge's response attempting…
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Join FLexlaw to unlock all legal intelligenceMary Holt filed a motion to disqualify the trial judge presiding over her case. The trial judge denied the motion as moot and attempted to refute some…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D24-966 Lower Tribunal No. 2020-CA-005088-O _____________________________
MARY HOLT, Petitioner, v. WILLIAM NELSON, Respondent. _____________________________
Petition for Writ of Prohibition to the Circuit Court for Orange County.
June 17, 2024
PER CURIAM.
We grant Mary Holt’s petition for writ of prohibition that sought review of the order denying, as moot, her motion to disqualify the trial judge who was presiding over the proceedings below at the time the motion and the instant petition were filed. See Pilkington v. Pilkington, 182 So. 3d 776, 778 (Fla. 5th DCA 2015). The motion was not moot, and the judge’s effort in his order to thereafter refute some
2
of the facts alleged in the motion compels disqualification. See Brinson v. State, 789 So. 2d 1125, 1126 (Fla. 2d DCA 2001).1
PETITION GRANTED.
TRAVER, C.J., and BROWNLEE, J., and LAMBERT, B.D., Associate Judge, concur.
Ryan Christopher Rodems, of Morgan & Morgan, P.A., Orlando, for Petitioner.
Ashley R. Leasure, Jeremy T. Palma, Aaron E. Eagan, and Paula S. Morrell, of Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A., Orlando, for Respondent.