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McPherson v. McPherson

122 So. 3d 964, 2013 WL 5538668, 2013 Fla. App. LEXIS 15922
CourtDistrict Court of Appeal of Florida
DecidedOctober 9, 2013
DocketNo. 4D13-3170
StatusPublished

This text of 122 So. 3d 964 (McPherson v. McPherson) 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
McPherson v. McPherson, 122 So. 3d 964, 2013 WL 5538668, 2013 Fla. App. LEXIS 15922 (Fla. Ct. App. 2013).

Opinion

PER CURIAM.

We grant this petition for writ of prohibition and quash the trial court’s order denying petitioner Alan Scott McPherson’s motion to disqualify. Disqualification is warranted because the circuit court order takes issue with the facts alleged in the motion to disqualify. Fla. R. Jud. Admin. 2.330(f). Though the motion was legally insufficient, the comments on the validity of the grounds created an independent basis for disqualification. Dominguez v. State, 944 So.2d 1052 (Fla. 4th DCA 2006); City of Hollywood v. Witt, 868 So.2d 1214 (Fla. 4th DCA 2004). As in Dominguez, we withhold issuance of the writ, trusting that the trial court will act in conformity with this opinion.

Petition Granted.

STEVENSON, LEVINE and KLINGENSMITH, JJ., concur.

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Related

City of Hollywood v. Witt
868 So. 2d 1214 (District Court of Appeal of Florida, 2004)
Dominguez v. State
944 So. 2d 1052 (District Court of Appeal of Florida, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
122 So. 3d 964, 2013 WL 5538668, 2013 Fla. App. LEXIS 15922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcpherson-v-mcpherson-fladistctapp-2013.