Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a final judgment is appealed along with the denial of a motion to disqualify a judge, how does the granting of the motion to disqualify the judge affect the appeal of the final judgment? This was an issue in the case Ussin v. Wood, 5D2025-0426 (Fla. 5th DCA November 21, 2025).
A final injunction for protection against stalking was entered by the trial court. The accused filed a motion to disqualify the trial judge which was denied. She then appealed the final judgment and the denial of her motion to disqualify. On appeal, the court held “We agree, without further elaboration, that Appellant’s motion for disqualification should have been granted; resultingly, we need not and therefore decline to reach the merits of her other argument. [. . .] Accordingly, we reverse the final judgment and the order denying the motion for disqualification and remand for a new hearing in front of a different judge.”
This article is not legal advice. Schedule a consultation with a Miami family law attorney for specific advice about your case.