Fourth DCA Appeals Case: How to Disqualify a Judge on Appeal

Are you facing a Palm Beach will contest? Have you requested a jury trial?    A good jury is important but what about the judge? If you think you want to disqualify your trial judge you may want to see what the Fourth District Court of Appeal had to say about the matter in a case decided on May 6, 2015.

Motion for Disqualification

• If you or your Palm Beach trial litigator thinks that your trial judge is prejudging your case you may want to file a motion to disqualify.
• If a judge is prejudging it means they are deciding the case before hearing both sides.
• Believe it or not a judge is not allowed to make up their own minds before everyone is heard, does that make sense to you?
• If a judge decides to deny your motion for disqualification what can you do?
• Would you grant a motion that basically says you did your job incorrectly?
• If the motion is denied you may be able to appeal.
• On appeal the higher court can grant a writ of prohibition that prohibits that judge from taking over the case.
• Do you know what it takes to win your Palm Beach appeal to get a new judge?

Partin v. Magalhaes

• The underlying case was one of professional negligence where a question of a doctor’s termination was of central importance.
• The plaintiffs were unhappy with answers that they got during a deposition so they motioned the court to request a third deposition.
• During the hearing the court basically told both parties it had made up its mind prior to hearing them and then denied a motion to disqualify.
• The appeals court forced a new judge to the case.
• Have you considered whether or not your Palm Beach trial judge is prejudging the issues? Is your Palm Beach probate litigator prepared to get a new judge if necessary?

Want to learn more about what was on the Court’s mind? Check out the entire case by clicking here.