DADE MEDICS AND REHAB CENTERS LLC A/A/O CARLOS RODRIGUEZ
v.
PROGRESSIVE AMERICAN INSURANCE COMPANY
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Petitions for writs of prohibition are denied where the underlying disqualification motions were filed beyond the 20-day deadline and failed to allege facts sufficient to create a well-founded fear of bias in a reasonably prudent person.
[1] A motion to disqualify a trial judge must be filed within 20 days after discovery of the facts constituting grounds for disqualification, and failure to meet this deadlin…
[2] A disqualification motion is legally sufficient only when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and im…
Previewing 2 of 2 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A motion to recuse or disqualify a trial judge is legally sufficient when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial.”
Standard for legal sufficiency of disqualification motions under Florida law
Four consolidated cases involved petitioners (medical providers and clinics) seeking writs of prohibition to disqualify the trial judge presiding over…
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Third District Court of Appeal State of Florida
Opinion filed July 2, 2025. Not final until disposition of timely filed motion for rehearing.
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Nos. 3D25-0671, 3D25-0777, 3D25-0778, 3D25-0782 Lower Tribunal Nos. 23-2802-CC-25, 20-8282-SP-25, 21-5662-SP-25, 20- 8641-SP-25. ________________
Dade Medics and Rehab Centers LLC, etc., et al., Petitioners,
vs.
Progressive American Insurance Company, et al., Respondents.
Cases of Original Jurisdiction – Prohibition.
George A. David, P.A., and George A. David, for petitioners.
Banker Lopez Gassler, P.A., and DeeAnn J. McLemore (St. Petersburg), for respondents.
Before LOGUE, GORDO and BOKOR, JJ.
GORDO, J.
2
In these consolidated cases, Petitioners Dade Medics and Rehab Centers a/a/o Carlos Rodriguez, Manuel V. Feijoo, M.D., P.A. a/a/o Junior Milian Leiva, Manuel V. Feijoo, M.D., P.A. a/a/o Laura Perez and Manuel V. Feijoo, M.D., P.A. a/a/o Humberto Veliz filed petitions seeking writs of prohibition to preclude the trial court from continuing to preside over the proceedings below. We have jurisdiction.1 Fla. R. App. P. 9.100; 9.030(b)(3). We deny the petitions as the Petitioners’ disqualification motions were both untimely and legally insufficient. See Melvin v. Progressive Select Ins. Co., 346 So. 3d 1195, 1195 (Fla. 1st DCA 2021) (“In an original proceeding for prohibition, we do not resolve disputed issues of fact; we consider only whether the motion for disqualification (filed with the trial court) was legally sufficient and whether the order denying the motion was correct.”); Valdes-Fauli v. Valdes-Fauli, 903 So. 2d 214, 216 (Fla. 3d DCA 2005) (“Allegations in a motion to recuse or disqualify a trial judge are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. A motion to recuse or disqualify a trial judge is legally sufficient when the alleged facts would create in a reasonably prudent
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Valdes-Fauli v. Gonzalo F. Valdes-Fauli, 903 So. 2d 214 (Fla. 3d DCA 2005)