Legal Opinion

Miami-Dade County Expressway Authority v. Electronic Transaction Consultants Corp.

District Court of Appeal of Florida

Decided February 15, 2017No. 3D16-2899Published

1Opinion of the CourtRothenberg, J.

Miami-Dade County Expressway Authority (“MDX”) seeks a writ of prohibi tion disqualifying the trial judge and an order remanding the case to the circuit court for the reassignment of the case to another judge. Because we conclude that the motion to disqualify the trial judge filed below was both timely and legally sufficient, disqualification is required. See Wolfson v. Wolfson, 159 So.3d 394, 394 (Fla. 3d DCA 2015) (finding that disqualification is required where the trial judge’s comments suggested that she had prejudged the case); Wade v. Wade, 123 So.3d 697, 698 (Fla. 3d DCA 2013)…

2Cases cited4 opinions

  1. Amato v. Winn Dixie Stores/Sedgwick JamesDistrict Court of Appeal of Florida · 2002
  2. Wade v. WadeDistrict Court of Appeal of Florida · 2013
  3. Wolfson v. WolfsonDistrict Court of Appeal of Florida · 2015
  4. Cummings v. MontalvoDistrict Court of Appeal of Florida · 2014

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