Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a motion to disqualify a judge is initially filed in a Florida family law case, usually the judge has 30 days to rule on the motion or it is deemed automatically granted. This was an issue in the case Banks v. Banks, 4D2025-3026 (Fla. 4th DCA February 4, 2026).
In what appears to be a dissolution of marriage case, the husband sought to disqualify the trial court judge. He filed his motion, and more than 30 days after he served it upon the trial court judge, an order was entered denying the motion. The husband’s counsel served the motion on the trial court judge in the online filing portal and also emailed it to the judge’s chambers the same day. The husband filed a writ of prohibition with the appellate court.
In noting service on the trial judge was appropriate, the appellate court cited Fla. R. Gen. Prac. & Jud. Admin. 2.516(c): “[S]ervice on a judge or other court official must be made electronically under subdivision (b) and the Florida Courts Technology Standards.”); Fla. R. Gen. Prac. & Jud. Admin 2.516(b)(1) (“Documents filed through the portal must be served using the portal’s e-service function.” The appellate court therefore concluded “We understand that the judge might not have seen the motion within thirty days of service. But [the husband] not only served the judge via the e-filing portal, he also served the judge at the judge’s designated email address for all communications. By failing to rule on the motion within thirty days of service, the motion is deemed granted.”
This article is not legal advice. Schedule your meeting with a Miami family law attorney for legal advice about your case.