RIVERA TORRES v. FERNANDEZ (2021)

District Court of Appeal of Florida, Fifth District.

Janeris RIVERA-TORRES, Petitioner, v. Jose FERNANDEZ, Respondent.

Case No. 5D21-1201

Decided: June 18, 2021

Elizabeth Siano Harris, of Harris Appellate Law Office, Mims, for Petitioner. John N. Bogdanoff, of The Carlyle Appellate Law Firm, Orlando, for Respondent.

Former Wife petitions for issuance of a writ of prohibition following the denial of her motion to disqualify. Because the trial court went beyond simply finding the motion to be legally insufficient and did so in a manner which addressed the merits of the motion, we grant the relief sought.

We trust that the issuance of this opinion will obviate the need for the issuance of a formal writ.

PETITION GRANTED.

PER CURIAM.

COHEN and WALLIS, JJ., concur. EISNAUGLE, J., dissents, without opinion.

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