Tuesday, June 30, 2009

Prohibition Granted to Prevent Trial Court from Presiding Over Case

In Moskovits v. Crystal House, Inc. (3D09-1705), the Third District granted a writ of prohibition to prevent the trial judge from presiding over the case. The court stated "We have reviewed the verified motion to disqualify, and conclude that the motion was legally sufficient, and therefore, it should have been granted. See Fla. R. Jud. Admin. 2.330(d)(1)-(2). Accordingly, we grant the writ of prohibition, but are confident that it will be unnecessary to formally issue the writ."


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