Poirier v. Poirier as Trustee of Poirier Family Trust
District Court of Appeal of Florida
1Per curiam
Petitioner, Lynn Anne Poirier, petitions this Court for a writ of prohibition to quash the trial court's February 11, 2019 "Order Denying Defendant's Verified Motion to Disqualify Trial Judge." We find that the facts alleged in Petitioner's motion would place a reasonably prudent person in fear of not receiving a fair and impartial hearing. See MacKenzie v. Super Kids Bargain Store, Inc. , 565 So.2d 1332, 1335 (Fla. 1990). Furthermore, we find that the trial court's statement that the allegations in the motion were factually baseless went beyond a determination of the legal sufficiency of the…
2Cases cited2 opinions
- MacKenzie v. Super Kids Bargain Store, Inc.Supreme Court of Florida · 1990
- Messianu v. Billot PignaDistrict Court of Appeal of Florida · 2015