D.W.Q. v. A.B.
District Court of Appeal of Florida
1Per curiam
Petitioner seeks a writ of prohibition after the trial court denied his motion to disqualify the judge as legally insufficient. Because the motion was legally sufficient, we grant the writ of prohibition.
Florida Rule of Judicial Administration 2.330 requires only that the motion to disqualify be sworn to by the party signing it and that the attorney for the party separately certify that the motion and the client’s statements are made in good faith. “There is no requirement that the party have personal knowledge of the facts alleged nor that the motion be accompanied by sworn affidavits of…
2Cases cited2 opinions
- Barnett v. BarnettDistrict Court of Appeal of Florida · 1999
- Layne v. GrossmanDistrict Court of Appeal of Florida · 1983