Martinez v. Cramer

Petitioner, Glenda Martinez, petitions for writ of prohibition to prevent the trial judge from presiding over further proceedings in the guardianship of the petitioner’s spouse, for whom she is the designated healthcare surrogate. We grant the petition.

The substantive test for whether a motion to disqualify is legally sufficient is “whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial trial.” Santisteban v. State, 72 So.3d 187, 193 (Fla. 4th DCA 2011). “It is not a question of what the judge feels, but the feeling in the mind of the…