NELISON ANDERSON, PETITIONER,
v.
TAMIKO T. GLASS, RESPONDENT
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The court held that a trial court's undue delay in ruling on a motion to disqualify a judge warrants granting a writ of prohibition.
Mr. Anderson moved to disqualify the trial judge in a child support action, believing he would not receive fair rulings. The judge delayed ruling on t…
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PER CURIAM.
Nelison Anderson petitions this court seeking a writ of prohibition. He challenges the trial court’s denial of his motion for disqualification. We grant the petition because the trial court delayed too long before ruling on the motion.
In this action for child support, Mr. Anderson filed a motion to disqualify the trial judge. The motion asserted that Mr. Anderson had reason to believe that he would not receive fair and impartial rulings based on comments made by the trial judge. The trial judge took the matter under advisement for more than thirty days before entering an order denying the motion.
Florida Rule of Judicial Administration 2.160(f) makes it clear that motions to disqualify trial judges must be ruled upon without delay. The rule provides: “[i]f the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered.” Id. Fla. R. Jud. Admin. 2.160(f)(emphasis added). After all, there is no reason for delay in entering a ruling since motions to disqualify are decided solely on the basis of legal sufficiency. The rule recognizes that prompt rulings promote public confidence in the impartiality of the trial judge while delayed rulings not only slow the litigation process but call into question the trial judge’s motives.
Petition for writ of prohibition GRANTED.
DAUKSCH, PETERSON and ANTOON, JJ., concur.
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Shuler v. Green Mountain Ventures, Inc., 791 So. 2d 1213 (Fla. 5th DCA 2001)…rial judge impermissibly delayed ruling on the motion for disqualification in contravention to Florida Rule of Judicial Administration 2.160(f) that requires a trial judge to rule on a motion for disqualification “immediately.” In Anderson v. Glass, 727 So. 2d 1147, 1147 (Fla. 5th DCA 1999), we granted prohibition because the trial judge had delayed ruling on a motion for disqualification for more than thirty days. We concluded that the rule “recognizes that prompt rulings promote public confidence in the impa…1 / 2
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Tableau Fine ART Grp., Inc. v. Jacoboni, 853 So. 2d 299 (Fla. 2003)…arrant v. Jacoboni, 780 So. 2d 344 (Fla. 3d DCA 2001), a decision of the Third District Court of Appeal, which the Third District certified to be in express and direct conflict with the Fifth District Court of Appeal’s decision in Anderson v. Glass, 727 So. 2d 1147 (Fla. 5th DCA 1999). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons which follow, we approve the Third District’s decision in Tarrant, but we find that a motion for judicial disqualification must be ruled on within thirty d…1 / 3
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Tod Tarrant & Tableau Fine Art Grp., Inc. v. Jacoboni, 780 So. 2d 344 (Fla. 3d DCA 2001)…ifth District Court of Appeal has held that if a trial court takes a motion for disqualification under advisement for more than thirty days before ruling, then the disqualification motion must be granted, regardless of the merits. Anderson v. Glass, 727 So. 2d 1147 (Fla. 5th DCA 1999). We respectfully disagree and certify direct conflict with Anderson. I. Tod Tarrant and Tableau Fine Art Group, Inc. are defendants in the trial court. They filed a motion to disqualify the trial judge. At a hearing on Septembe…
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