Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
When a party seeks to disqualify a judge in a Florida family law case, the motion is reviewed by the judge who is the subject of the motion. If this is the first time the party has filed a motion to disqualify, the judge may not comment on the substance of the motion, and may only enter an order granting or denying the motion as legally sufficient. This was an issue in the case Marquez v. Oran, 3D25-2255 (Fla. 3d DCA February 11, 2026).
No background facts are given in this case, but one party filed a writ of prohibition seeking to challenge the trial court’s denial of a motion to disqualify the trial judge. The appellate court held “Finding that petitioner has adequately alleged a basis for disqualifying the presiding judge, we grant the writ of prohibition. In doing so, we note that ‘it does not matter whether the substance of the allegations are true.’ Jimenez v. Ratine, 954 So. 2d 706, 708 (Fla. 2d DCA 2007); see also Bundy v. Rudd, 366 So. 2d 440, 442 (Fla. 1978) (‘Once a basis for disqualification has been established, prohibition is both an appropriate and necessary remedy.’).”
Nothing in this article is intended to be legal advice. Schedule your consultation with a Miami family law attorney to determine the next best steps in your case.