PEKEL v. LEYVA (2024)

District Court of Appeal of Florida, Third District.

Michael Gregory PEKEL, Petitioner, v. Yesenia LEYVA, Respondent.

No. 3D24-1799

Decided: November 27, 2024

Before SCALES, MILLER and BOKOR, JJ.

Sandy T. Fox, P.A., and Sandy T. Fox, Aventura, for petitioner. No appearance, for respondent.

Petitioner Michael Gregory Pekel seeks a writ of prohibition against the trial judge based on the trial judge's not ruling on the underlying motion for disqualification within 30 days of service of such motion. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(l). No response has been filed to the petition. Because the record demonstrates that the motion for disqualification was served on the trial judge and no timely order was entered, “the motion must be deemed granted.” Hefley v. Holmquist, 48 Fla. L. Weekly D830, ––– So.3d ––––, 2023 WL 3017824 (Fla. 5th DCA Apr. 20, 2023). Accordingly, we grant the petition but withhold issuance of the writ, confident that the trial judge will grant the underlying motion.

Petition granted; writ withheld.

PER CURIAM.

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