Michael Gregory Pekel v. Yesenia Leyva
This text of Michael Gregory Pekel v. Yesenia Leyva (Michael Gregory Pekel v. Yesenia Leyva) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed November 27, 2024. Not final until disposition of timely filed motion for rehearing.
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No. 3D24-1799 Lower Tribunal No. 23-15358-FC-04 ________________
Michael Gregory Pekel, Petitioner,
vs.
Yesenia Leyva, Respondent.
A Case of Original Jurisdiction – Prohibition.
Sandy T. Fox, P.A., and Sandy T. Fox, for petitioner.
No appearance, for respondent.
Before SCALES, MILLER and BOKOR, JJ.
PER CURIAM.
Petitioner Michael Gregory Pekel seeks a writ of prohibition against
the trial judge based on the trial judge’s not ruling on the underlying motion for disqualification within 30 days of service of such motion. See Fla. R.
Gen. Prac. & Jud. Admin. 2.330(l). No response has been filed to the
petition. Because the record demonstrates that the motion for
disqualification was served on the trial judge and no timely order was
entered, “the motion must be deemed granted.” Hefley v. Holmquist, 48
Fla. L. Weekly D830 (Fla. 5th DCA Apr. 20, 2023). Accordingly, we grant
the petition but withhold issuance of the writ, confident that the trial judge
will grant the underlying motion.
Petition granted; writ withheld.
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