CRIMINAL LAW: POST CONVICTION PROCEEDINGS; JUDGES: DISQUALIFICATION: MOTION FOR DISQUALIFICATION MADE WHILE DEFENDANT HAD NO PENDING CASES BEFORE THE COURT WAS VOID AB INITIO; APPEALS: PROHIBITION  

Nilio v. State, ___ So. 3d ___, 39 Fla. L. Weekly D1336 (Fla. 1st DCA June 25, 2014)

“[The defendant] filed a motion to disqualify the trial judge from presiding over further postconviction proceedings. At the time the motion was filed, [the defendant] had no pending cases before the trial court, although he later filed [a motion to correct, … Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: MOTION TO DISQUALIFY FILED AFTER PROCEEDINGS HAD ENDED WAS UNTIMELY; APPEALS: APPELLATE COURT LACKED JURISDICTION TO REVIEW ORDER NOT MENTIONED IN OR ATTACHED TO NOTICE OF APPEAL

Kozell v. Kozell, ___ So. 3d ___, 39 Fla. L. Weekly D1040 (Fla. 4th DCA May 21, 2014)

A motion to disqualify, filed after the proceedings ended, was untimely, and the appellate court lacked jurisdiction to review the order denying the motion because the order was not mentioned in, or attached to, the notice of appeal.… Click To Read Full Case Law Review...

FAMILY LAW: JUDGES: DISQUALIFICATION: SOCIAL MEDIA: FACEBOOK FRIEND REQUEST FROM TRIAL JUDGE TO PARTY; APPEALS: PROHIBITION; STARE DECISIS: TRIAL COURT BOUND BY DECISION FROM A DIFFERENT APPELLATE DISTRICT BECAUSE IT WAS THE ONLY CASE IN POINT

Chace v. Loisel, ___ So. 3d ___, 39 Fla. L. Weekly D221 (Fla. 5th DCA January 24, 2014)

The petitioner moved to disqualify the trial judge in an action for dissolution of marriage because the judge retaliated, by entering an unfavorable judgment against the petitioner, when the petitioner ignored the judge’s invitation to become her friend on Facebook.  The … Click To Read Full Case Law Review...

TORTS: MEDICAL MALPRACTICE; EVIDENCE: DEFENDANT’S REPEATED FAILURE TO PASS BOARD CERTIFICATION EXAMINATION: FACT THAT ADMISSION OF EVIDENCE DOES NOT CONSTITUTE ABUSE OF DISCRETION DOES NOT MEAN THAT EXCLUSION OF EVIDENCE CONSTITUTES ABUSE OF DISCRETION; JUDGES: DISQUALIFICATION: TRIAL JUDGE’S DISPARAGING NOTE ABOUT PLAINTIFF AND DEFENSE OF HIS CONDUCT

M.B. V. S.P., ___ So. 3d ___, 38 Fla. L. Weekly D2192 (Fla. 2d DCA October 18, 2013)

The trial court in a medical malpractice case did not abuse its discretion by excluding evidence of the defendant’s repeated failure to pass the board certification examination because it was not relevant on the issue of negligence, and the defendant did not … Click To Read Full Case Law Review...

JUDGES: BLANKET DISQUALIFICATION: ORDER MALIGNING LAWYER; APPEALS: CERTIORARI

Holt v. Sheehan, ___ So. 3d ___, 38 Fla. L. Weekly D2149 (Fla. 2d DCA October 11, 2013)

The trial judge entered an order disqualifying herself in every case involving the head public defender and characterized the public defender as “incompetent, untrustworthy, extremely dilatory” and having a “widespread reputation as an inept supervisor and mean spirited individual who publicly berates … Click To Read Full Case Law Review...