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...

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...

JUDGES: DISQUALIFICATION: JUDGE’S INVITATION TO FILE MOTION TO DISQUALIFY COUPLED WITH SUGGESTION THAT IT WILL BE GRANTED: WAIVER; APPEALS: PROHIBITION

Manorcare Health Services, Inc. v. Gipson, ___ So. 3d ___, 38 Fla. L. Weekly D1692 (Fla. 4th DCA August 7, 2013)

The appellate court granted a petition for writ of prohibition based upon the trial court’s denial of a motion to disqualify.  Once a trial court invites the parties to file a motion to disqualify and suggests that the … Click To Read Full Case Law Review...

FAMILY LAW: JUDGES: DISQUALIFICATION: ANIMOSITY TOWARDS LAWYER: DISQUALIFICATION IN OTHER CASES INVOLVING THE SAME LAWYER; APPEALS: PROHIBITION

Raphael v. Raphael, ___ So. 3d ___, 38 Fla. L. Weekly D1167 (Fla. 5th DCA May 24, 2013)

The trial court in a matrimonial case denied the wife’s motion for disqualification, but the appellate court granted her petition for a writ of prohibition because the judge had a long history of animosity towards the wife’s lawyer.  The wife’s motion Click To Read Full Case Law Review...

JUDGES: DISQUALIFICATION: BIAS; APPEALS: PROHIBITION

Martinez v. Cramer, ___ So. 3d ___, 38 Fla. L. Weekly D744 (Fla. 4th DCA April 3, 2013)

The appellate court granted a “writ of prohibition to prevent the trial judge from presiding over further proceedings in the guardianship of the petitioner’s spouse, for whom she [was] the designated healthcare surrogate.” The court “conclude[d] that the judge’s acts of Click To Read Full Case Law Review...