MARSHALL v. ZINK (2019)

District Court of Appeal of Florida, Second District.

Ernest S. MARSHALL, Patricia K. Marshall and Jill P. Zink, Appellant/Petitioner(s), v. Bryan T. ZINK, Appellee/Respondent(s).

CASE NO.: 2D19-3194

Decided: November 04, 2019

Petitioners' petition for a writ prohibiting Judge Susan B. Maulucci from presiding further in circuit court case number 2004-DR-4457 is granted as the motion to disqualify the judge filed in the circuit court was not ruled on timely. See Fla. R. Jud. Admin. 2.330(j). Accordingly, the chief judge shall immediately appoint a successor judge pursuant to Florida Rule of Judicial Administration 2.215(b)(4).

Petitioners' “Emergency Motion Pursuant to App. R. 9.300(c)” is denied as moot.

BY ORDER OF THE COURT:

VILLANTI, LaROSE, and BADALAMENTI, JJ., Concur.

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