Judges — Disqualification — Prohibition — Where movant filed motion for disqualification with clerk but did not serve motion on trial judge, as is required by rule 2.330(c)(4), judge did not err in denying motion as legally insufficient — Moreover, even if motion had been served on judge, judge’s conclusion that motion was legally insufficient would be supportable under “tipsy coachman” doctrine where motion did not comply with rule requirement to include dates of all previously granted motions to disqualify filed in case and dates of orders granting those motions — Petition for writ of prohibition is denied
Legal Topics
Judges — Disqualification — Prohibition — Where movant filed motion for disqualification with clerk
Nov 09th, 2021 in by admin