![]() Florida law requires your divorce court judge to either grant or deny your motion without elaborating as to the merits of same (except when you have previously attempted to disqualify that same judge). Generally speaking, with a few technical exceptions, your motion seeking to disqualify the judge will be procedurally sufficient if (1) you filed the motion under oath within ten days of the incident leading to your basis for removing the judge (2) your attorney certified in the motion that the motion was brought in good faith (3) your motion establishes that you have a reasonable basis for fearing the judge will not fairly handle your case and (4) your basis for seeking disqualification is not related to receiving an adverse ruling from a judge or garnering anger from a judge based on your own bad faith actions.Īlso, a basis for seeking a Writ of Prohibition can be the manner in which the trial court denied your request for recusal. To do this, you need to establish that you filed a procedurally sufficient Motion to Disqualify your judge. When filing a Petition for Writ of Prohibition in Florida you need to convince the appellate court that the divorce court judge should have removed themselves from your case. Thereafter, you will be permitted to file a response to the other party’s response before the appellate court makes a final decision. ![]() If your Petition for Writ of Prohibition is convincing, the appellate court will require the other party to file a response to your request for the Writ, which is essentially equivalent to an Answer Brief. However, unlike other appeals, you really need to be ready when it comes to initiating a Petition for Writ of Prohibition, because you must file what is essentially an appellate brief with the appellate court before expiration of the 30 day deadline to appeal. The process for obtaining a Writ of Prohibition to require your divorce court judge to remove themselves from your case is explained in further detail below.Īs with other appeals, a Petition for Writ of Prohibition must be initiated within 30 days of the rendition date of the lower court’s order. The order from the appellate court that removes the divorce court judge from your case is known as a Writ of Prohibition. But what do you do if the judge denies your request to remove them from the case? The remedy in this situation is to ask the appellate court to review the situation and order the judge off your case.
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