TORRES
v.
GOMEZ
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A disqualification motion is legally sufficient when the facts alleged, presumed true, would reasonably cause a party to have a well-founded fear of not receiving a fair hearing before the judge.
[1] In a disqualification motion, the factual allegations must be presumed true, and if those presumed facts would reasonably cause a well-founded fear of not receiving a fai…
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Join FLexlaw to unlock all legal intelligenceCynthia Torres moved to disqualify Judge Diana Michelle Tennis from presiding over her domestic relations case. The trial court denied the disqualific…
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PER CURIAM.
Cynthia Torres petitions this court for a writ of prohibition to review the denial of her motion to disqualify the Honorable Diana Michelle Tennis from presiding over her domestic relations matter. We grant the petition and quash the order because the disqualification motion was legally sufficient since the facts alleged, which must be presumed true, would reasonably cause Torres to have a well-founded fear that she would not receive a fair hearing before Judge Tennis. See Minaya v. State, 118 So. 3d 926 (Fla. 5th DCA 2013); Ennis v. Ennis, 855 So. 2d 229 (Fla. 5th DCA 2003).
Accordingly, we grant the petition, quash the order denying the disqualification motion and remand for assignment to a different judge.
PETITION GRANTED; ORDER QUASHED; CAUSE REMANDED.
PALMER, EVANDER, and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Octavio Minaya v. State, 118 So. 3d 926 (Fla. 5th DCA 2013)
- Ennis v. Ennis, 855 So. 2d 229 (Fla. 5th DCA 2003)