TORRES
v.
GOMEZ
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The Florida Fifth District Court of Appeal granted a petition for a writ of prohibition, quashing an order that denied a motion to disqualify a judge. The court found the motion legally sufficient, establishing a well-founded fear of an unfair hearing.
Yes, the motion to disqualify was legally sufficient. The facts alleged, presumed true for the purpose of the motion, would reasonably cause Torres to have a well-founded fear of not receiving a fair hearing before Judge Tennis.
[1] A motion to disqualify a judge is legally sufficient when the facts alleged, presumed true, would reasonably cause the moving party to have a well-founded fear that she w…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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.”
Establishes the court's holding and reasoning for granting the writ of prohibition.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCynthia Torres sought to disqualify Judge Diana Michelle Tennis from her domestic relations case. Torres filed a motion to disqualify, alleging facts …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Escape From Custody cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CYNTHIA TORRES, Petitioner, v. Case No. 5D18-2501 JUAN O. GOMEZ, Respondent. ________________________________/ Opinion filed August 31, 2018 Petition for Writ of Prohibition, Diana Michelle Tennis, Respondent Judge.
Stephen Brown, of Brown & Rice, P. A., Orlando, for Petitioner.
Natalie D. Hall, Orlando for Respondent.
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)