Posted by Nydia Streets of Streets Law in Florida Florida family law procedure
When a judge does not allow a party to present his or her case before ruling on a motion, due process concerns are raised. In addition, that party might feel he or she will not receive a fair trial in front of that judge. A motion for disqualification may be appropriate. This was an issue in the case Domnin v. Domnina, 4D23-412 (Fla. 4th DCA May 24, 2023).
In this divorce case, the wife filed a motion for temporary alimony and attorney’s fees. After the allotted time for the hearing expired, another hearing date was scheduled. After about a cumulative three-hour hearing, the judge requested that both sides submit closing arguments in writing. The husband objected on the basis that he had not yet presented his case in chief. The judge declined to have further hearing time and entered an order granting the wife’s motion. The husband then moved to disqualify the judge and that motion was denied. A petition for writ of prohibition followed.
The appellate court granted the writ and disqualified the judge. It held “Again, we can appreciate the circuit court judge’s frustration and desire to manage the very busy docket which our trial judges face every day. And from our review of the transcript, this hearing could have and should have taken less time. However, the circuit court’s termination of the hearing without the husband having been given an opportunity to present his case-in-chief before the circuit court ruled on the wife’s motion was a denial of due process.”
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