JAMES L. ROBISON
v.
CITIBANK, N. A.

Fla. 2d DCA | 2024-02-28
No. 22-0904
2024 FL 2070 Florida District Court of Appeal, Second District (2024)

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Holding

A motion to disqualify a trial judge is not properly reviewed on direct appeal; prohibition is the proper avenue for such immediate review.


Headnotes

[1] A motion to disqualify a trial judge must be reviewed by petition for prohibition rather than on direct appeal to a district court of appeal.

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Key Quotes

“Prohibition is . . . recognized as the proper avenue for immediate review of whether a motion to disqualify a trial judge has been correctly denied.”

Court citing Sutton v. State, 975 So. 2d 1073, 1076 (Fla. 2008) to establish the correct procedure for challenging a trial judge disqualification denial.

Facts & Procedural History

James L. Robison appealed a trial court decision, including a July 12, 2022 denial of his motion to disqualify the trial judge in a matter involving C…

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Opinion of the Court

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.


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