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Disqualify Judge

Non-verbal gestures and comments about litigant behavior held to be inadequate to disqualify Florida divorce judge

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Parties to a Florida divorce case are understandably concerned about receiving a fair trial in front of a judge. If a party has a reasonable fear that he or she will not receive a fair hearing in front of a judge, he or she may file a motion for disqualification. However, as we see in the case Erlinger v. Federico, 242 So.3d 1177, certain behavior by a judge, although unpleasant to a litigant, does not automatically disqualify the judge from presiding over a case.

Can a judge be disqualified from a Florida family law case?

Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

Florida family law litigation rarely involves jury trials. This means cases are decided solely by the judge presiding over the case who hears testimony and reviews evidence. When a party believes the judge is biased or otherwise will not decide a case fairly, what can be done?