Skarka v. Lennar Homes, Inc.

Petitioner seeks certiorari review of an order denying a motion to disqualify the presiding Judge of Compensation Claims (JCC). We treat the petition as seeking a writ of prohibition. See Fla. R.App. P. 9.040(c). Because the motion was not “sworn to by the party by signing the motion under oath or by a separate affidavit,” the JCC properly denied it. See Fla. Admin. Code R. 60Q-6.126; Fla. R. Jud. Admin 2.330(c)(3); Wal-Mart Stores, Inc. v. Carter, 768 So.2d 21, 22 (Fla. 1st DCA 2000). Accordingly, we deny the petition for writ of prohibition.

Upon the untimely filing of a reply brief, this…