TORRES v. GOMEZ (2018)

District Court of Appeal of Florida, Fifth District.

Cynthia TORRES, Petitioner, v. Juan O. GOMEZ, Respondent.

Case No. 5D18-2501

Decided: August 31, 2018

Stephen Brown, of Brown & Rice, P. A., Orlando, for Petitioner. Natalie D. Hall, Orlando for Respondent.

Cynthia Torres petitions this court for a writ of prohibition to review the denial of her motion to disqualify the Honorable Diana Michelle Tennis from presiding over her domestic relations matter. We grant the petition and quash the order because the disqualification motion was legally sufficient since the facts alleged, which must be presumed true, would reasonably cause Torres to have a well-founded fear that she would not receive a fair hearing before Judge Tennis. See Minaya v. State, 118 So.3d 926 (Fla. 5th DCA 2013); Ennis v. Ennis, 855 So.2d 229 (Fla. 5th DCA 2003). Accordingly, we grant the petition, quash the order denying the disqualification motion, and remand for assignment to a different judge.

PETITION GRANTED; ORDER QUASHED; CAUSE REMANDED.

PER CURIAM.

PALMER, EVANDER, and LAMBERT, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network