Bennett v. Bennett

Petitioner seeks a writ of prohibition preventing the lower court judge from further presiding .over the proceedings in St. Johns County case number DR08-0388. Because the lower court judge improperly denied Petitioner’s motion to disqualify as untimely, and because the motion to disqualify was otherwise legally sufficient, we grant the petition.

The genesis of the disqualification issue arose pursuant to correspondence, dated November 1, 2011, that was sent by the lower court judge to counsel for Petitioner. Suffice it to say that the substance of the letter was such that a reasonably prudent…