Do you want to disqualify your trial judge in a West Palm Beach will contest? Do you know what you will have to prove? What about the affidavits you will have to file? Experienced Palm Beach probate litigators know that merely having a “technically sufficient” motion may not be enough. Don’t believe me? Check out this scathing dissent from a case out of the Fourth District Court of Appeal.
Motion to Disqualify
- A judge has to be unbiased.
- If you are concerned a West Palm Beach trial judge is impartial what can you do?
- You may want to start by petitioning the judge to recuse himself or herself.
- This means you are asking them to make an affirmative choice that they are not able to be partial.
- Would you take kindly to someone calling you impartial in Palm Beach Court?
- Now consider that your actual job is to be impartial are you offended yet?
- Experienced Palm Beach probate litigators know that sometimes it can be a long shot to get some trial judges to recuse themselves.
- Are there any other options?
- Have you considered a motion to disqualify?
- What will the motion need to be sufficient?
- This is called a verified motion because you will have to sign it under the penalty of perjury. Pompano Beach.
- You have to bring the motion in good faith.
- You also need to have a reasonable fear of bias in your West Palm Beach trial.
- If you lose can you appeal?
- Not really since this is a non-final order.
- Are there any other alternatives?
- Maybe consider a petition for writ of prohibition for your Delray Beach dispute.
- These orders from a higher appellate court will prohibit the biased judge from hearing the case.
Cannon et. Al. v. U.S. Bank
- An appellate panel is usually comprised of three judges.
- Sometimes one judge will dissent from the majority.
- When the court decided to not grant a petition for writ of prohibition one judge decided to speak out.
- The judge noted that the only reason the petition was denied is because the petitioners lacked specific details to support the motion even though it was grounded in good faith.
- Which side would you take?
Want to learn more before you decide?
Check out the entire case here.