Legal Opinion

Cancel v. Montanez

District Court of Appeal of Florida

Decided August 1, 2018No. Case No. 5D18-2355Published

1Per curiam

Alexandra A. Cancel petitions this Court for a writ of prohibition to review the denial of her motion to disqualify the Honorable Luis F. Calderon from presiding over her child relocation case against Roberto Montanez. We grant the petition.

We review trial court orders denying motions to disqualify trial judges by prohibition. Isan v. Isan, 209 So.3d 40, 41 (Fla. 5th DCA 2016). Motions to disqualify are governed procedurally by Florida Rule of Judicial Administration 2.330. See Wall v. State, 238 So.3d 127, 142 (Fla. 2018) ; Krawczuk v. State, 92 So.3d 195, 200 (Fla. 2012). Specifically, the…

2Cases cited4 opinions

  1. Hayslip v. DouglasDistrict Court of Appeal of Florida · 1981
  2. Krawczuk v. StateSupreme Court of Florida · 2012
  3. Craig Alan Wall, Sr. v. State of FloridaSupreme Court of Florida · 2018
  4. Isan v. IsanDistrict Court of Appeal of Florida · 2016

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