RATNER
v.
CEMONI
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A trial judge errs in denying a motion for disqualification when at least one allegation in the motion is legally sufficient to warrant disqualification.
[1] A motion for disqualification of a judge must be denied only if all allegations are legally insufficient; if at least one allegation is legally sufficient to warrant disq…
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Join FLexlaw to unlock all legal intelligencePetitioner Dara L. Ratner filed a motion for disqualification of the trial judge. The trial judge denied the motion as legally insufficient.…
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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
DARA L. RATNER,
Petitioner,
v. Case No. 5D17-3858
SHIRLEY A. CEMONI,
Respondent.
________________________________/
Opinion filed March 15, 2018
Petition for Writ of Prohibition, Renee A. Roche, Respondent Judge.
Miguel R. Acosta and Dale T. Gobel, of Gobel Flakes, LLC, Orlando, for Petitioner.
Jeffrey M. Byrd, of Jeffrey M. Byrd, P.A., Orlando, for Respondent.
PER CURIAM.
Petitioner, Dara L. Ratner, petitions this court for a writ of prohibition after the trial judge denied her motion for disqualification as legally insufficient. While most of Petitioner’s allegations are insufficient to warrant disqualification, we find the final allegation legally sufficient. Accordingly, the trial court erred in denying the motion, and we grant the petition.
PETITION FOR WRIT OF PROHIBITION GRANTED.
ORFINGER, EDWARDS and EISNAUGLE, JJ., concur.