Legal Topics

PROHIBITION GRANTED TO STOP FURTHER PROCEEDINGS AFTER A LEGALLY SUFFICIENT MOTION TO DISQUALIFY; APPELLATE COURT HOLDS THE VERIFIED MOTION ALLEGED FACTS THAT WOULD CREATE A WELL-FOUNDED FEAR OF NOT RECEIVING A FAIR AND IMPARTIAL HEARING

Aug 18th, 2026 in by admin

District Board of Trustees of Miami-Dade College v. Dunn, 51 Fla. L. Weekly D877 (Fla. Apr. 29, 2026):

The defendant sought a writ of prohibition preventing the trial judge from conducting further proceedings after a verified motion to disqualify was filed.

The appellate court granted the petition.

Without providing any facts, the court found the verified motion was legally sufficient because the facts as alleged would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial hearing.