CHANELI MARQUEZ
v.
ROBERTO BORDON ORAN
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The Florida Third District Court of Appeal granted a petition for writ of prohibition based on adequate allegations of judicial disqualification. The court held that the truth of the allegations is immaterial once a proper basis for disqualification is established.
The court held that the petitioner adequately alleged a basis for disqualification and granted the writ of prohibition. The court emphasized that once a basis for disqualification is established through adequate allegations, the truth of those allegations is immaterial.
“it does not matter whether the substance of the allegations are true”
Establishes that adequately alleged grounds for disqualification require no proof of their factual accuracy to warrant relief
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Join FLexlaw to unlock all legal intelligenceThe petitioner, Chaneli Marquez, alleged grounds for disqualifying the presiding judge in proceedings involving respondent Roberto Bordon Oran. The sp…
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Third District Court of Appeal State of Florida Opinion filed February 11, 2026. Not final until disposition of timely filed motion for rehearing. No. 3D25-2255 Lower Tribunal No. 18-22774-FC-04 Chaneli Marquez, Petitioner, vs. Roberto Bordon Oran, Respondent. A Case of Original Jurisdiction – Prohibition. Chaneli Marquez, in proper person. No appearance, for respondent. Before SCALES, C.J., and MILLER, and BOKOR, JJ. PER CURIAM.
Finding that petitioner has adequately alleged a basis for disqualifying the presiding judge, we grant the writ of prohibition. In doing so, we note that "it does not matter whether the substance of the allegations are true." > Jimenez v. Ratine, 954 So. 2d 706, 708 (Fla. 2d DCA 2007); see also Bundy > v. Rudd, 366 So. 2d 440, 442 (Fla. 1978) ("Once a basis for disqualification > has been established, prohibition is both an appropriate and necessary > remedy."). Confident that the trial court will promptly enter an order consistent with this decision, we withhold issuance of the writ. Petition granted; writ withheld. 2
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Citator
Authorities Cited
- THE Florida BAR v. Sanford Freed, 366 So. 2d 440 (Fla. 1978)
- Jimenez v. Ratine, 954 So. 2d 706 (Fla. 2d DCA 2007)