Are you worried that a judge is prejudging your case? Does it appear they have already decided that your father had testamentary capacity when he disinherited you from his West Palm Beach estate? It is well settled that a judge may form mental impressions and opinions but that they may not prejudge the case. Do you know the difference? You may want to see what happened in this recent case out of the Fifth District Court of Appeals.
Prejudging a Case
- Prejudging a West Palm Beach case can be obvious but not always.
- Do you know what constitutes a proper motion to disqualify a judge?
- Experienced West Palm Beach know that it is important to listen to a judge’s phrasing to hear if they have formed an opinion on the matter.
- What is a judge says to you that “you better have some good evidence because the other side has some good evidence!”
- Is that a prejudging of the case?
- It’s hard to say, you need to put things in context.
- Luckily West Palm Beach court reporters are also available to keep the record straight.
- You are going to want those records to make your case.
- In other words is it worth it to save the money on that reported?
- Reporters can be expensive but so is losing your appeal.
Quoc Van v. Unifund CCR LLC
- In this case the petitioner challenged his denial of his verified motion to disqualify the judge.
- Do you know what a verified motion is?
- A verified motion is attached with an affidavit and means that the party stating those facts stands by them to the point of perjury.
- The court on appeals concluded that the motion was legally sufficient and they granted the appeal.
- In other words a writ of prohibition was granted, meaning that the lower court judge is prohibited from litigating the case.
- Are you concerned that a judge has been prejudging the case?
- Experienced West Palm Beach probate litigators know a bad judge is never good for your case and they are prepared to disqualify judges as necessary.
Want to learn more?
Check out the entire case by clicking here.