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Munoz ex rel. Munoz v. Tobin

653 So. 2d 514, 1995 Fla. App. LEXIS 4397, 1995 WL 238833
CourtDistrict Court of Appeal of Florida
DecidedApril 26, 1995
DocketNo. 95-489
StatusPublished

This text of 653 So. 2d 514 (Munoz ex rel. Munoz v. Tobin) 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
Munoz ex rel. Munoz v. Tobin, 653 So. 2d 514, 1995 Fla. App. LEXIS 4397, 1995 WL 238833 (Fla. Ct. App. 1995).

Opinion

PER CURIAM.

Petitioners seek a writ of prohibition challenging respondent’s denial of a motion for disqualification. Because our review of the record reveals that the judge’s comments constituted an impermissible challenge to the truth of the allegations in the motion to disqualify, we are compelled to grant the petition. See MacKenzie v. Super Kids Bargain Store, Inc., 565 So.2d 1332 (Fla.1990); Hill v. Feder, 564 So.2d 609 (Fla. 3d DCA 1990); Management Corp. of Am. v. Grossman, Inc., 396 So.2d 1169 (Fla. 3d DCA 1981).

Petition for writ of prohibition granted.

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Related

Hill v. Feder
564 So. 2d 609 (District Court of Appeal of Florida, 1990)
MacKenzie v. Super Kids Bargain Store, Inc.
565 So. 2d 1332 (Supreme Court of Florida, 1990)
Management Corp. of America, Inc. v. Grossman
396 So. 2d 1169 (District Court of Appeal of Florida, 1981)

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Bluebook (online)
653 So. 2d 514, 1995 Fla. App. LEXIS 4397, 1995 WL 238833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/munoz-ex-rel-munoz-v-tobin-fladistctapp-1995.