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Recusal of Judge

Disqualification of a Florida family law judge

Disqualification of a Florida family law judge

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

What does it mean to recuse or disqualify a judge in a Florida family law case? This means you are asking the court to remove a judge from deciding your case because you can show the judge is biased or otherwise unable to fairly decide a case. This showing cannot be based on your feeling that the judge is biased - there has to be evidence to support it. This was an issue in the case J.R. v. D.C.F., 3D22-1537 (Fla. 3d DCA October 6, 2022).

Florida family law: Denial of motion to recuse general magistrate upheld despite procedural error

Florida family law: Denial of motion to recuse general magistrate upheld despite procedural error

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

When a party feels a judicial officer holds a bias against that party, there is the option of filing what is known as a motion to recuse. This motion raises specific allegations of bias against a judge or general magistrate. In the case Seiwert v. Seiwert, 5D19-2809 (Fla. 5th DCA June 19, 2020), the former husband appealed the denial of his motion to recuse a general magistrate.