Dade Medics and Rehab Centers LLC A/A/O Carlos Rodriguez v. Progressive American Insurance Company

• Court: District Court of Appeal of Florida
• Decided: July 2, 2025
• Docket: 3D2025-0671
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed July 2, 2025. Not final until disposition of timely filed motion for rehearing.

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Nos. 3D25-0671, 3D25-0777, 3D25-0778, 3D25-0782 Lower Tribunal Nos. 23-2802-CC-25, 20-8282-SP-25, 21-5662-SP-25, 20- 8641-SP-25. ________________

Dade Medics and Rehab Centers LLC, etc., et al., Petitioners,

vs.

Progressive American Insurance Company, et al., Respondents.

Cases of Original Jurisdiction – Prohibition.

George A. David, P.A., and George A. David, for petitioners.

Banker Lopez Gassler, P.A., and DeeAnn J. McLemore (St. Petersburg), for respondents.

Before LOGUE, GORDO and BOKOR, JJ.

GORDO, J. In these consolidated cases, Petitioners Dade Medics and Rehab

Centers a/a/o Carlos Rodriguez, Manuel V. Feijoo, M.D., P.A. a/a/o Junior

Milian Leiva, Manuel V. Feijoo, M.D., P.A. a/a/o Laura Perez and Manuel V.

Feijoo, M.D., P.A. a/a/o Humberto Veliz filed petitions seeking writs of

prohibition to preclude the trial court from continuing to preside over the

proceedings below. We have jurisdiction.1 Fla. R. App. P. 9.100;

9.030(b)(3). We deny the petitions as the Petitioners’ disqualification

motions were both untimely and legally insufficient. See Melvin v.

Progressive Select Ins. Co., 346 So. 3d 1195, 1195 (Fla. 1st DCA 2021) (“In

an original proceeding for prohibition, we do not resolve disputed issues of

fact; we consider only whether the motion for disqualification (filed with the

trial court) was legally sufficient and whether the order denying the motion

was correct.”); Valdes-Fauli v. Valdes-Fauli, 903 So. 2d 214, 216 (Fla. 3d

DCA 2005) (“Allegations in a motion to recuse or disqualify a trial judge are

reviewed under a de novo standard as to whether the motion is legally

sufficient as a matter of law. A motion to recuse or disqualify a trial judge is

legally sufficient when the alleged facts would create in a reasonably prudent

1 “A petition for writ of prohibition is the appropriate vehicle to test the validity of the denial of a motion for disqualification.” Kline v. JRD Mgmt. Corp., 165 So. 3d 812, 813 (Fla. 1st DCA 2015) (quoting Caleffe v. Vitale, 488 So. 2d 627, 627 (Fla. 4th DCA 1986)).

2 person a well-founded fear of not receiving a fair and impartial trial.”); Fla. R.

Gen. Prac. & Jud. Admin. 2.330(g) (“A motion to disqualify shall be filed

within a reasonable time not to exceed 20 days after discovery by the party

or party’s counsel, whichever is earlier, of the facts constituting the grounds

for the motion.”).

Petitions denied.