DELGADO v. MILLER (2019)

Following review of the response, petitioner's motion to strike Judge's response to petition for writ of prohibition is hereby denied.

Petitioner's request for leave to file a reply to opposing party's response is hereby denied.

Petitioner, Arlene Delgado, seeks a writ of prohibition directing the trial court to disqualify himself. “Petitioner's Verified Motion to Disqualify Trial Judge” was filed in the trial court on January 18, 2019, and denied by the trial court on January 29, 2019. Although Petitioner raises matters that occurred subsequent thereto in the instant Petition, the scope of our review is limited to those events alleged to have occurred prior to the filing of the Petitioner's Verified Motion on January 18, 2019. Based on our review of the record before us, we find that the trial court did not abuse its discretion in denying Petitioner's Verified Motion to Disqualify Trial Judge and deny the petition for writ of prohibition.

The stay entered by this Court on February 20, 2019 is hereby lifted.

Upon consideration of respondent's motion for appellate attorney's fees, it is ordered that said motion is hereby denied as legally insufficient. Respondent's motion for costs is hereby dismissed as unauthorized.

Respondent's motion for relief from stay is hereby denied as moot.

EMAS, C.J., and LINDSEY and HENDON, JJ., concur.