Saenz v. Sanches—(Per Curiam; 3DCA; 2/1/23)
The DCA granted a petition for a writ of prohibition after a judge denied a litigant’s motion to disqualify the trial judge. The issue was whether the motion was legally sufficient. The motion alleged that the trial court ordered relief that was not sought by either party and also ordered a guardian ad 3 litem and a party to report acts of two of the other parties’ minor children to the police. These actions were sufficient to allege a reasonable fear of bias or prejudice.
Terry P. Roberts
Director of Appellate Practice Fischer Redavid PLLC