MIGUEL RODRIGUEZ ALBISU, ET AL.
v.
STATE OF FLORIDA
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A writ of prohibition is not available to disqualify an appellate court from hearing an appeal, as disqualification is a matter of procedural jurisdiction at the trial court level only.
[1] A writ of prohibition is not an appropriate remedy to disqualify an appellate court from hearing an appeal, as disqualification of judges is a matter of procedural jurisd…
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Join FLexlaw to unlock all legal intelligencePetitioners Miguel Rodriguez Albisu and others sought a writ of prohibition to disqualify the entire Fourth District Court of Appeal from hearing thei…
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Supreme Court of Florida
THURSDAY, JULY 2, 2026
Miguel Rodriguez Albisu, et al.,
V.
Petitioner(s)
State of Florida, Respondent(s)
SC2026-0142
Lower Tribunal No(s).: 4D2025-3769; 062023CF002405A88810, 062023MM001607A88810
The petition for writ of prohibition is hereby denied on the merits. No motion for rehearing will be considered by this Court.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS, and SASSO, JJ., concur.
TANENBAUM, J., dissents in part with an opinion.
TANENBAUM, J., dissenting in part.
The petitioners attempt to use prohibition to address their effort at "disqualifying" the entire Fourth District Court of Appeal from hearing their appeal. Disqualification is a matter of procedural jurisdiction at the trial court level. See § 38.10, Fla. Stat.; Fla. R. Gen. P. & Jud. Admin. 2.330. That is not true at the appellate level, so prohibition is not available to the petitioners. There is no basis for considering their petition “on the merits.” I
CASE NO.: SC2026-0142 Page Two
agree that they are not entitled to the writ they seek, but I would dismiss without considering the merits of their underlying argument.
A True Copy Test:
SC2020-0742 7/2/2026
John A. Tomasino Clerk, Supreme Court
SC2026-0142 7/2/2026
SO
Served:
CRIM APP WPB ATTORNEY GENERAL
4DCA CLERK