McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. v. Lutheran Services, Florida, Inc.

District Court of Appeal of Florida

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. v. Lutheran Services, Florida, Inc.

979 So. 2d 1038, 2008 Fla. App. LEXIS 3841, 2008 WL 706259

District Court of Appeal of Florida·Decided March 18, 2008·No. No. 1D07-6486·Published

Opinion

PER CURIAM.

Petitioner, a law firm seeking to recover fees and costs in a guardianship matter pursuant to section 744.108, Florida Statutes, seeks prohibition relief following the denial of its motion to disqualify the trial judge. Having carefully considered the record and the arguments of the parties, we conclude that petitioner had standing to seek disqualification, and that its motion seeking that relief, which was filed contemporaneously with its petition for fees and costs, was timely. We likewise conclude that taking the facts alleged therein as true, the motion for disqualification was legally sufficient. Accordingly, the petition for writ of prohibition is granted.

PETITION GRANTED.

BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., concur.

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PER CURIAM.

Petitioner, a law firm seeking to recover fees and costs in a guardianship matter pursuant to section 744.108, Florida Statutes, seeks prohibition relief following the denial of its motion to disqualify the trial judge. Having carefully considered the record and the arguments of the parties, we conclude that petitioner had standing to seek disqualification, and that its motion seeking that relief, which was filed contemporaneously with its petition for fees and costs, was timely. We likewise conclude that taking the facts alleged therein as true, the motion for disqualification was legally sufficient. Accordingly, the petition for writ of prohibition is granted.

PETITION GRANTED.

BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., concur.

McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. v. Lutheran Services, Florida, Inc., 979 So. 2d 1038, 2008 Fla. App. LEXIS 3841, 2008 WL 706259 (Fla. Ct. App. 2008).

Pincite

979 So. 2d 1038 (McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A. v. Lutheran Services, Florida, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.