BRITANY LANE F/K/A BRITTANY HOYT
v.
CHARLES HOYT
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A motion to disqualify a trial judge that raises sufficient grounds for disqualification may be denied as untimely where it fails to comply with applicable filing deadlines.
[1] A motion to disqualify a trial judge must comply with applicable filing deadlines under Florida Rule of Judicial Administration 2.330(d)(1) & (e), and untimeliness bars r…
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Join FLexlaw to unlock all legal intelligencePetitioner Britany Lane sought a writ of prohibition challenging a trial judge in proceedings against Charles Hoyt. She filed a motion to disqualify t…
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August 1, 2018 PER CURIAM.
The petition for writ of prohibition is denied on the merits.
WETHERELL and M.K. THOMAS, JJ., concur; BILBREY, J., concurs with opinion.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
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2
BILBREY, J., concurring.
The motion to disqualify the trial judge raised sufficient grounds for disqualification but was untimely. See Fla. R. Jud. Admin. 2.330(d)(1) & (e). I therefore concur in the denial of the petition for writ of prohibition. Of course, the trial judge retains “authority to enter an order of disqualification on the judge’s own initiative.” Fla. R. Jud. Admin. 2.330(i).
_____________________________ David A. Carroll, Pensacola, for Petitioner. Caryn Van Matre, Pensacola, for Respondent.