MICHAEL GREGORY PEKEL
v.
YESENIA LEYVA
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When a motion for disqualification is served on a trial judge and no timely order is entered within 30 days, the motion is deemed granted.
[1] A motion for disqualification of a judge that is served but not ruled upon within 30 days is deemed granted under Florida Rule of General Practice & Judicial Administrati…
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Join FLexlaw to unlock all legal intelligence“the motion must be deemed granted”
The court applied the rule that failure to rule within 30 days results in the motion being deemed granted.
Petitioner Michael Gregory Pekel served a motion for disqualification on the trial judge, and the judge failed to issue a ruling within the required 3…
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PER CURIAM.
Petitioner Michael Gregory Pekel seeks a writ of prohibition against the trial judge based on the trial judge’s not ruling on the underlying motion for disqualification within 30 days of service of such motion. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(l). No response has been filed to the petition. Because the record demonstrates that the motion for disqualification was served on the trial judge and no timely order was entered, “the motion must be deemed granted.” Hefley v. Holmquist, 48
Fla. L. Weekly D830 (Fla. 5th DCA Apr. 20, 2023). Accordingly, we grant the petition but withhold issuance of the writ, confident that the trial judge will grant the underlying motion.
Petition granted; writ withheld.
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Citator
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Pekel v. Leyva, 48 Fla. L. Weekly D830 (Fla. 3d DCA 2024)
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Ricardy Banks v. Noemea Vilas Banks (Fla. 4th DCA 2026)
Authorities Cited
- Pekel v. Leyva, 48 Fla. L. Weekly D830 (Fla. 3d DCA 2024)