DR. MARK T. MACHUGA, D.C., P.A.
v.
THE HONORABLE ANTOINETTE D. PLOGSTEDT
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Dr. Machuga sought a writ of prohibition to disqualify Judge Plogstedt from presiding over a lower court case. The Ninth Judicial Circuit Court denied the petition, finding no abuse of discretion in the judge's denial of the motion to disqualify.
Judge Plogstedt did not abuse her discretion in denying the motion to disqualify, and her order should stand because she did not depart from the essential requirements of law.
[1] A writ of prohibition is an appropriate remedy to challenge an order denying a motion to disqualify a judge.
[2] A judge's ruling on a motion to disqualify will be upheld if there is no abuse of discretion.
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Join FLexlaw to unlock all legal intelligence“From review of the court record, abuse of discretion was not evident as to Judge Plogstedt's rulings in this case, including her ruling that denied the motion to disqualify.”
Establishes the standard for review and the court's finding that no abuse of discretion occurred
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Join FLexlaw to unlock all legal intelligenceOn October 18, 2010, Machuga P.A. filed a motion to disqualify Judge Plogstedt. On the same day, Judge Plogstedt entered an order denying the motion. …
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PER CURIAM.
FINAL ORDER DENYING PETITION FOR WRIT OF PROHIBITION Petitioner, Dr. Mark T. Machuga, D.C., P.A. a/a/o Kimberly Lahti, (hereinafter referred to as “Machuga P.A.”) seeks a writ of prohibition to require the Honorable Antoinette D. Plogstedt to remove herself from presiding over all further proceedings in the lower court case. This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(c)(3). We dispense with oral argument pursuant to Florida Rule of Appellate Procedure 9.320. On October 18, 2010, Machuga P.A. filed a motion to disqualify Judge Plogstedt from presiding over all further proceedings in the case and on that same day Judge Plogstedt entered an order denying the motion. On November 15, 2010, Machuga P.A. filed the petition for writ of prohibition to quash the order denying the motion to disqualify and to order Judge Plogstedt to remove herself from further proceedings in the case. From review of the court record, abuse of discretion was not evident as to Judge Plogstedt’s rulings in this case, including her ruling that denied the motion to disqualify. Therefore, this Court finds that Judge Plogstedt’s order denying the motion to disqualify her should stand as she did not depart from the essential requirements of law in her ruling. Accordingly, it is hereby ORDERED AND ADJUDGED that Machuga P.A.’s Petition for Writ of Prohibition is DENIED. DONE AND ORDERED in Chambers at Orlando, Orange County, Florida, this _5th___
day of __March___________, 2012.
_/S/______________________________ C. JEFFERY ARNOLD Circuit Court Judge
_/S/_____________________________
_/S/______________________________ FREDERICK J. LAUTEN
JULIE H. O’KANE
Circuit Court Judge
Circuit Court Judge CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. mail to: Lee M. Jacobson, Esquire, Law Offices of Michael B. Brehne, P.A., 230 N. Westmonte Drive, Altamonte Springs, Florida 32714 and Dale T. Gobel, Esquire and Kimberly D. Webb, Esquire, 189 South Orange Avenue, Suite 1430, Orlando, Florida 32801 on this _6th___ day of ___March_____________, 2012.
__/S/_________________________
Judicial Assistant