If you want a new probate judge in your case you may want to check out this case on disqualifying a judge from the Fifth District Court of Appeal in Florida.

Are you concerned that you are not getting a fair trial in West Palm Beach?  You may be able to have the judge disqualified if you know the procedure. Experienced Palm Beach probate litigators have learned that a judge is only human and sometimes they may become prejudiced against one side. When that happens its time to motion for disqualification.

Motions to Disqualify

• What is the difference between recusal and disqualification?
• Recusal is when the West Palm Beach probate judge removes himself from the case.
• On a motion to disqualify you are asking the judge to take that action.
• When is it fair to seek disqualification?
• Experienced Palm Beach probate litigators know that it is not just one scenario that triggers recusal or disqualification.
• You are going to have to look for signs that a judge is prejudging matters or has a bias for one party.
• In certain cases the judge may have as little as thirty days to respond to your motion.
• Do you know what you are going to have to put into a motion to disqualify a probate judge?
• Maybe this sounds obvious but you also have to serve the judge with that motion if you want the time limit to run.
• Check out this recent case out of the Fifth District Court of Appeal to see how these time limits cannot start counting until service.

McCone v. Pitney Bowes

• This was an appeal to the Fifth District Court of Appeal following a motion to disqualify a judge.
• The motion was not ruled on by the trial judge so the party sought review from the appeals court.
• The appellant argued that since the judge did not rule in thirty days he should automatically win.
• The problem was he forgot to serve the judge with the motion!
• On appeal the court found that the time limits cannot begin until the judge has fair notice.
• This is not a novel idea, notice is crucial in all forms of probate litigation.

Want to learn more about how to get a judge disqualified in West Palm Beach?

Check out the entire case by clicking here.