Dortly v. Avalon Healthcare Center

District Court of Appeal of Florida

Dortly v. Avalon Healthcare Center

135 So. 3d 543, 2014 WL 1392987, 2014 Fla. App. LEXIS 5225

CourtDistrict Court of Appeal of Florida

DecidedApril 9, 2014

DocketNo. 1D13-4485

StatusPublished

This text of 135 So. 3d 543 (Dortly v. Avalon Healthcare Center) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dortly v. Avalon Healthcare Center, 135 So. 3d 543, 2014 WL 1392987, 2014 Fla. App. LEXIS 5225 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

This petition for writ of prohibition seeks to disqualify the trial judge in a pending civil matter.

Petitioner’s properly served motion to disqualify the trial judge was pending when the trial court ruled on a motion to dismiss. “[W]hen a motion for disqualification or recusal is pending, it is the court’s duty to rule on that motion before ruling on anything else.” Sibley v. Sibley, 885 So.2d 980, 983 (Fla. 3d DCA 2004) (citing Fuster-Escalona v. Wisotsky, 781 So.2d 1063 (Fla.2000). In addition, because the motion to disqualify was not ruled upon within the requisite 30 days, it is deemed to have been granted under rule 2.330(j), Florida Rules of Judicial Administration. Schisler v. State, 958 So.2d 503, 505 (Fla. 3d DCA 2007)) (“The trial court’s failure to rule on [movant’s] motion [for disqualification] within 30 days of its service therefore entitles [movant] to an order directing the clerk of the court to reassign this case.”).

We therefore grant the petition for writ of prohibition, direct the trial judge to enter an order of disqualification and direct that the Chief Circuit Judge appoint a successor judge.

BENTON, VAN NORTWICK, and THOMAS, JJ., concur.

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PER CURIAM.

This petition for writ of prohibition seeks to disqualify the trial judge in a pending civil matter.

Petitioner’s properly served motion to disqualify the trial judge was pending when the trial court ruled on a motion to dismiss. “[W]hen a motion for disqualification or recusal is pending, it is the court’s duty to rule on that motion before ruling on anything else.” Sibley v. Sibley, 885 So.2d 980, 983 (Fla. 3d DCA 2004) (citing Fuster-Escalona v. Wisotsky, 781 So.2d 1063 (Fla.2000). In addition, because the motion to disqualify was not ruled upon within the requisite 30 days, it is deemed to have been granted under rule 2.330(j), Florida Rules of Judicial Administration. Schisler v. State, 958 So.2d 503, 505 (Fla. 3d DCA 2007)) (“The trial court’s failure to rule on [movant’s] motion [for disqualification] within 30 days of its service therefore entitles [movant] to an order directing the clerk of the court to reassign this case.”).

We therefore grant the petition for writ of prohibition, direct the trial judge to enter an order of disqualification and direct that the Chief Circuit Judge appoint a successor judge.

BENTON, VAN NORTWICK, and THOMAS, JJ., concur.

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Bluebook (online)

135 So. 3d 543, 2014 WL 1392987, 2014 Fla. App. LEXIS 5225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dortly-v-avalon-healthcare-center-fladistctapp-2014.

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