How Can I Disqualify a Florida Probate Judge Who Seems Partial to the Other Side?

Florida probate lawyers know that you have a right to a fair trial. That includes a fair, impartial probate judge. What happens when the judge is clearly prejudiced against one side? Experienced probate attorneys Florida may need to file a motion to disqualify the judge. Want to learn more? Check out this recent appeal focused on a motion to disqualify the trial judge.

Disqualifying the Probate Judge

• Probate attorneys Florida know that the remedy of disqualification should be used sparingly only when necessary.
• That being said sometimes even the most experienced probate judges can have a bias.
• When that happens it may be necessary to move for disqualification in the Florida probate litigation.
• Do you know how to file a motion to disqualify the probate judge?
• These motions are slightly different than most others that can be filed during Florida estate litigation.
• Do you know why?
• Keep in mind there are many considerations when moving for a disqualification.
• Like what?
• Keep in mind if you lose, that same judge may be even more slanted against your interests.
• Are these types of orders appealable?
• Check out this recent appeal to learn when and how you can appeal a motion to disqualify the probate judge in Florida.

Molina v. Perez

• This was a marriage dissolution case (i.e. divorce) that centered around a motion to disqualify.
• The trial judge had made off handed remarks about the merits of the case and the wife was concerned about her right to a fair trial.
• Florida probate attorneys know this is a reasonable concern.
• As I said before, you have a right to a fair trial, and that includes an impartial judge.
• Those off handed remarks may seem like no big deal to an onlooker but cases like this could make or break someone’s entire life and that is serious.
• Do you know what comments could lead to disqualification?
• What is the probate court supposed to look at when evaluating a motion to disqualify?

Want to learn more?

Check out the entire case by clicking here.

• Watch free Florida Trust, Probate & Guardianship videos, which include important topics of Florida estate, guardianship, attorneys fees, & trust law.
• There is no cost, no sign up, no one will ask you for your email address to see these dozens of free Florida probate videos: http://www.pankauskilawfirm.com/Firm-Overview/FAQS.shtml