District Board of Trustees of Miami Dade College, Petitioner, v. Marvin Dunn, Respondent. (2026)

The District Board of Trustees of Miami Dade College seeks a writ of prohibition preventing the trial judge from conducting further proceedings in its case. “A motion to recuse or disqualify a trial judge is legally sufficient when the alleged facts would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial trial.” Valdes-Fauli v. Valdes-Fauli, 903 So. 2d 214, 216 (Fla. 3d DCA 2005). A review of the verified motion to disqualify demonstrates that it is legally sufficient to create in a reasonably prudent person a well-founded fear that they would not receive a fair hearing before the judge. See Tundidor v. State, 361 So. 3d 775, 778 (Fla. 2023) (“We conclude that the combination of certain circumstances contained in the allegations ․ would create in a reasonably prudent person a well-founded fear of not receiving a fair and impartial proceeding․ [namely] the hugging ․ in the court room while still wearing a robe [ ] at the conclusion of the ․ case, and the personal exchange ․ in which the judge commiserated with [the opposing party].”). Accordingly, we grant the petition.

Petition granted.

PER CURIAM.