JAMES L. ROBISON
v.
CITIBANK, N. A.
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A motion to disqualify a trial judge must be challenged through a petition for prohibition, not by appeal, and all other issues on appeal lack merit.
[1] A motion to disqualify a trial judge must be challenged through a petition for prohibition rather than by ordinary appeal.
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Join FLexlaw to unlock all legal intelligence“[P]rohibition is . . . recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.”
Court explaining why the appeal of the disqualification order was dismissed for lack of jurisdiction
Robison appealed consolidated cases from the trial court, including a challenge to the July 12, 2022 denial of his motion to disqualify the trial judg…
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PER CURIAM.
In these consolidated appeals, we dismiss for lack of jurisdiction
the portion of the appeal in case number 2D22-2591 challenging the trial
court's July 12, 2022, denial of James L. Robison's motion to disqualify
the trial judge. See Sutton v. State, 975 So. 2d 1073, 1076 (Fla. 2008)
2
("[P]rohibition is . . . recognized as the proper avenue for immediate
review of whether a motion to disqualify a trial judge has been correctly
denied."). We find no merit to the remaining issues Robison has raised
on appeal and otherwise affirm without comment.
Affirmed in part and dismissed in part.
SLEET, C.J., and KELLY and VILLANTI, JJ., Concur.
Opinion subject to revision prior to official publication.