FAMILY LAW: DISSOLUTION OF MARRIAGE; JUDGES: DISQUALIFICATION: DISCOUNTING TESTIMONY ABOUT HUSBAND’S ACCOUNTANT BECAUSE HE WAS A FRIEND AND TELLING ACCOUNTANT THIS WAS A DIFFICULT CASE AND JUDGE WOULD HAVE TO PICK ONE PROPOSED ORDER OVER ANOTHER DID NOT WARRANT DISQUALIFICATION; APPEALS: PROHIBITION

Clark v. Clark, ___ So. 3d ___, 40 Fla. L. Weekly D718 (Fla. 1st DCA March 25, 2015)

The trial judge in an action for dissolution of marriage was not subject to disqualification because he discounted the testimony of the husband’s accountant, who was the husband’s friend, or because the judge told the accountant that this was a difficult … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: EX PARTE COMMUNICATIONS WITH ATTORNEY GENERAL’S OFFICE: RESPONDING TO PETITION FOR WRIT OF PROHIBITION FROM DENIAL OF MOTION TO DISQUALIFY: APPELLATE COURT DISQUALIFIES JUDGE FOR SENDING EMAIL TO ATTORNEY GENERAL WITH REFUTATION OF DEFENDANT’S APPELLATE CHALLENGE TO DENIAL OF MOTION TO STAY AND FOR SUBMITTING A RESPONSE TO DEFENDANT’S PETITION FOR WRIT OF PROHIBITION REFLECTING THAT JUDGE HAD A PERSONAL INTEREST IN THE APPEAL OF THE STAY AND AN EXPECTATION THAT THE ATTORNEY GENERAL WOULD REPRESENT HER INTERESTS IN THE APPEAL; APPEAL: PROHIBITION

Masten v. State, ___ So. 3d ___, 40 Fla. L. Weekly D714 (Fla. 3d DCA March 20, 2015)

The appellate court granted the defendant’s petition for writ of prohibition from an order denying his motion to disqualify the trial judge. When the defendant appealed from an order denying a motion for stay of his sentence for violation of probation, the … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: APPEALS: PROHIBITION: WRIT OF PROHIBITION FROM DENIAL OF MOTION FOR DISQUALIFICATION GRANTED BECAUSE JUDGE’S COMMENTS INDICATED THAT SHE HAD PREJUDGED THE CASE

Wolfson v. Wolfson, ___ So. 3d ___, 40 Fla. L. Weekly D695 (Fla. 3d DCA March 18, 2015)

When the trial court denied the petitioner’s motion for disqualification, the appellate court granted her petition for writ of prohibition because “the trial judge’s comments indicated[d] that she had prejudged the case.”

To read more briefs in the Judges category of the … Click To Read Full Case Law Review...

TRIAL COURT LACKED JURISDICTION TO SET CASE FOR TRIAL AND TO REFER PARTIES TO MEDIATION EIGHTEEN MONTHS AFTER RENDITION OF UNAPPEALED ORDER DISMISSING CASE FOR LACK OF PROSECUTION; APPEALS: PROHIBITION

Aqua Life Corporation v. Reyes, ___ So. 3d ___, 40 Fla. L. Weekly D288 (Fla. 3d DCA January 28,, 2015)

Eighteen months after the trial court dismissed the plaintiff’s action for lack of prosecution, the plaintiff, who had not appealed from the order, filed a motion for status conference. The defendant did not attend the hearing on the motion, possibly … Click To Read Full Case Law Review...

JURISDICTION: SUBJECT MATTER JURISDICTION: CIRCUIT COURT LACKS SUBJECT MATTER JURISDICTION OVER DECLARATORY JUDGMENT ACTIONS IN WHICH AMOUNT IN CONTROVERSY DOES NOT EXCEED $15,000; APPEALS: PROHIBITION

Federated National Insurance Company v. Restoration 1 of South Florida, LLC, ___ So. 3d ___, 40 Fla. L. Weekly D152 (Fla. 4th DCA January 7, 2015)

The appellate court granted the defendant’s petition for writ of prohibition because the trial court failed to transfer a declaratory judgment action for a claim in the amount $1,196.66 from circuit court to … Click To Read Full Case Law Review...