District Court of Appeal of Florida

A petition for writ of prohibition to review an order denying petitioner's motion to recuse the trial court judge is granted where the judge at issue failed to rule within thirty days of service of the motion, and thus the motion was deemed granted, even though the judge later denied it. The court recedes from Thomas v. Chase Manhattan Bank, 857 So. 2d 989 (Fla. 4th DCA 2003), to the extent that it held that the failure to file a motion to recuse within ten days after discovery of the facts requires the appellate court to sua sponte deny a subsequent petition for prohibition.

Appellate Information

• Decided 11/29/2006
• Published 11/29/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Peter M. Hodkin of the Law Offices of Peter M. Hodkin, P.A., Fort Lauderdale, for petitioner.


• For Appellees:
  
• Assad S. Mirza of Mirza & Mirza, LLP, Pembroke Pines, for respondent.