CANCEL
v.
MONTANEZ
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A motion to disqualify a trial judge must be granted when the facts alleged, taken as true, would prompt a reasonably prudent person to fear that she could not get a fair and impartial trial.
[1] In reviewing a motion to disqualify a trial judge, the judge must determine only the legal sufficiency of the motion without passing on the truth of the facts alleged, an…
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Join FLexlaw to unlock all legal intelligence“the facts alleged (which must be taken as true) would prompt a reasonably prudent person to fear that he could not get a fair and impartial trial”
Statement of the legal standard for determining legal sufficiency of a motion for disqualification, citing Hayslip v. Douglas, 400 So. 2d 553, 556 (Fla. 4th DCA 1981).
Alexandra Cancel filed a motion to disqualify Judge Luis F. Calderon from presiding over her child relocation case against Roberto Montanez. The trial…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
ALEXANDRA A. CANCEL,
Petitioner,
v. Case No. 5D18-2355
ROBERTO MONTANEZ,
Respondent.
________________________________/
Opinion filed August 1, 2018
Petition for Writ of Prohibition, Luis F. Calderon, Respondent Judge.
Richard L. Wilson, Orlando, for Petitioner.
H. Kyle Fletcher, of Fletcher Law Firm,
Oviedo, for Respondent.
PER CURIAM.
Alexandra A. Cancel petitions this Court for a writ of prohibition to review the denial of her motion to disqualify the Honorable Luis F. Calderon from presiding over her child relocation case against Roberto Montanez. We grant the petition.
We review trial court orders denying motions to disqualify trial judges by prohibition. Isan v. Isan, 209 So. 3d 40, 41 (Fla. 5th DCA 2016). Motions to disqualify are governed procedurally by Florida Rule of Judicial Administration 2.330. See Wall v. State, 238 So. 3d 127, 142 (Fla. 2018); Krawczuk v. State, 92 So. 3d 195, 200 (Fla. 2012).
Accordingly, we grant the petition for writ of prohibition, quash the order denying the motion for recusal, and remand this case for assignment to a different trial judge.
PETITION GRANTED; ORDER QUASHED.
PALMER, ORFINGER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hayslip v. The Honorable Paul T. Douglas, 400 So. 2d 553 (Fla. 4th DCA 1981)
- Anton Krawczuk v. State, 92 So. 3d 195 (Fla. 2012)
- Wall v. State, 238 So. 3d 127 (Fla. 2018)
- Isan v. Isan, 209 So. 3d 40 (Fla. 5th DCA 2016)