JASON TODD WADE
v.
DIANA K. BJORKMAN WADE
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A motion to disqualify that is not filed within 20 days of discovery of the facts constituting grounds for disqualification is untimely and properly denied.
[1] A motion to disqualify a judge must be filed within 20 days of discovery of the facts constituting grounds for disqualification, and failure to comply with this deadline…
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Join FLexlaw to unlock all legal intelligence“A motion to disqualify shall be filed within a reasonable time not to exceed 20 days after discovery by the party or party's counsel, whichever is earlier, of the facts constituting the grounds for the motion.”
Court citing Fla. R. Gen. Prac. & Jud. Admin. 2.330(g) as the basis for denying the petition
Petitioner Jason Todd Wade filed a motion to disqualify in a family law case and subsequently petitioned for writ of prohibition after the trial court…
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SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
Case No. 6D2026-1804 Lower Tribunal No. 2022-DR-001186
JASON TODD WADE, Petitioner,
V.
DIANA K. BJORKMAN WADE, Respondent.
Petition for Writ of Prohibition to the Circuit Court for Orange County.
July 31, 2026
PRATT, J.
Petitioner filed a petition for writ of prohibition in this Court seeking review of the trial court's order denying his motion to disqualify. We deny the petition because the motion was not timely filed. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(g) (“A motion to disqualify shall be filed within a reasonable time not to exceed 20 days after discovery by the party or party's counsel, whichever is earlier, of the facts constituting the grounds for the motion."). Because the motion was untimely, we need not rule on the legal sufficiency of the motion.
Petitioner acknowledged the untimeliness of his motion in both his motion and his petition. Nevertheless, Petitioner frivolously filed his motion and his petition and in doing so unnecessarily wasted the trial court's and this Court's scarce judicial resources. We caution Petitioner that any further pro se filings in this Court asserting frivolous issues may result in sanctions such as a bar on pro se filing in this Court. See State v. Spencer, 751 So. 2d 47 (Fla. 1999).
PETITION DENIED.
WHITE and KAMOUTSAS, JJ., concur.
Jason Todd Wade, Lake Wales, pro se.
No Appearance for Respondent.