terry's takes

Filtered by category: writ of prohibition

April 9, 2024

4th dca, disqualification or recusal of judge, writ of prohibition

H.S. v. Department of Children and Families

The Fourth District Court of Appeal granted a Christian father’s petition for a writ of prohibition and required that a trial judge be disqualified largely because the judge used the transgender child’s preferred pronouns, which the father argued made him feel like he could not receive a fair hearing from the judge. The case was about DCF’s petition to reevaluated the child’s custody status in light of alleged psychological distress the father was causing to his child by refusing to acknowledge the child’s transgenderism.

April 9, 2024

3rd dca, disqualification or recusal of judge, writ of prohibition

Pimienta v. Rosenfeld

The Third District Court of Appeal granted a petition for a writ of certiorari, overturning a trial judge’s decision to deny a motion for disqualification. The motion, deemed legally sufficient, alleged that the judge insisted on hearing a motion 'off the record,' refusing the presence of a court reporter. Under Florida law, a judge reviewing an initial disqualification motion must accept its allegations as true without fact-finding. Once grounds for disqualification are presented, denial of such a motion warrants a writ of prohibition as the proper remedy. The petition was granted, ensuring judicial impartiality.

March 13, 2024

3rd dca, disqualification or recusal of judge, writ of prohibition

Brewer v. Hughes

A recent ruling granted a petition to disqualify a judge who improperly sought guidance from the Judicial Ethics Advisory Committee (JEAC) on a motion for disqualification. The judge referenced facts from the JEAC opinion that contradicted the allegations in the disqualification motion, thus violating the rule against commenting on the truth of such allegations. The court held that this action exceeded the judge's authority, as initial disqualification motions should be reviewed solely for legal sufficiency without outside influence.

June 7, 2023

4th dca, motion to dismiss, sovereign immunity florida, writ of prohibition

Seminole Tribe of Florida v. Manzini

manzini is the plaintiff in a negligence action against the seminole tribe of florida. the tribe is federally recognized, so it is entitled to sovereign immunity over all claims that are not abrogated by congress or waived by the tribe itself.

May 24, 2023

4th dca, disqualification or recusal of judge, writ of prohibition

Domnin v. Domnina

In a family law dispute, the trial court dismissed the husband’s opportunity to present his case-in-chief after two lengthy hearings filled with procedural discussions, witness testimonies, and interpreter challenges over Zoom. The court ultimately ruled in favor of the wife, prompting the husband to file a motion for disqualification, citing denial of a fair hearing. When the judge denied the motion, the husband appealed. The District Court of Appeal (DCA) granted a writ of prohibition, agreeing that the judge’s actions could lead a reasonably prudent person to doubt receiving a fair trial, underscoring the essential right for each party to present their case fully.

May 5, 2023

6th dca, writ of prohibition

Roberts v. State of Florida

in this criminal case, a defendant opposed a subpoena issued by the state of florida to obtain his medical records as part of a criminal investigation. the state filed a motion seeking leave of court to issue the subpoena under sections 395.3025 and 401...

April 26, 2023

3rd dca, disqualification or recusal of judge, writ of prohibition

Carnevale v. Shir

The Third DCA denied petitions for writs of prohibition filed by the Carnevales, who sought to disqualify a trial judge due to alleged bias based on social media connections with an intervenor. The court emphasized that a second motion to disqualify is barred if filed by the same party against a successor judge, unless the judge admits partiality. The DCA reviewed the denial of disqualification under an abuse of discretion standard and found no bias warranting disqualification. The decision highlights the standards applied to judge disqualification motions, particularly against successor judges.