SERGIO ALBERTO CASTILLO, PETITIONER,
v.
MARLEN CASTILLO, RESPONDENT

Fla. 4th DCA | 2014-11-19
No. 4D14-2522
DAMOORGIAN, C.J., CIKLIN and CONNER, JJ., concur.
150 So. 3d 1255 Florida District Court of Appeal, Fourth District (2014) Positive Treatment
Cited by 4 cases
Topics
Right To Present Evidence Motion To Disqualify Judge Writ Of Prohibition

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Opinion of the Court
PER CURIAM.

CORRECTED OPINION

PER CURIAM.

We grant petitioner’s petition for writ of prohibition, based on his sworn allegation that the trial court failed to allow him to present argument or additional evidence prior to ruling on respondent’s motion for temporary support in this post-dissolution proceeding. We find that this allegation is sufficient to place a reasonably prudent person in fear of not receiving a fair hearing on his legal claims. See Keating v. State, 110 So.3d 538, 539-40 (Fla. 4th DCA *12562013); Wade v. Wade, 123 So.3d 697, 698 (Fla. 3d DCA 2013). We direct this case to be reassigned to a successor judge. Swida v. Raventos, 872 So.2d 413, 415 (Fla. 4th DCA 2004). We further vacate the trial court’s order granting respondent’s May 14, 2014 motion for temporary relief and attorney’s fees, as that order was entered subsequent to petitioner’s motion to disqualify the trial judge. Peterson v. Asklipious, 833 So.2d 262, 264 (Fla. 4th DCA 2002).

Petition for writ of prohibition granted.

DAMOORGIAN, C.J., CIKLIN and CONNER, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Richard H. Partin, M.D., & Richard H. Partin, P.A. v. Solange Magalhaes, 164 So. 3d 88 (Fla. 4th DCA 2015)
    …satisfaction and were misguided in part because of his misunderstanding or confusion surrounding the independent discovery requests and his unwillingness to consider petitioners’ counsel’s explanation accordingly. See generally Castillo v. Castillo, 150 So. 3d 1255 (Fla. 4th DCA 2014); Peterson v. Asklipious, 833 So. 2d 262, 263-64 (Fla. 4th DCA 2002); Wargo v. Wargo, 669 So. 2d 1123 (Fla. 4th DCA 1996). Consequently, the petition for writ of prohibition is granted. We note that Florida Rule of Judicial Admin…
  • Domnin v. Oksana Domnina (Fla. 4th DCA 2023)
  • Domnin v. Oksana Domnina (Fla. 4th DCA 2023)
    …granting the wife’s motion for temporary alimony and temporary attorney’s fees. Two days later, the husband filed a motion to disqualify the circuit court, basing his argument on various authorities, including our decision in Castillo v. Castillo, 150 So. 3d 1255, 1255 (Fla. 4th DCA 2014) (“We grant petitioner’s petition for writ of prohibition, based on his sworn allegation that the trial court failed to allow him to present argument or additional evidence prior to ruling on respondent’s motion for temporar…

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