Florida family law procedure: judge cannot rule on certain issues before ruling on motion to disqualify

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

When a party in a Florida family law case seeks to disqualify a judge, what limitations are placed on the judge while the motion to disqualify is pending? This was an issue in the case Godin v. Owens, 5D18-1176 (Fla. 5th DCA May 31, 2019) in which the mother appealed a final judgment of paternity.

Although the appellate court affirmed the final judgment of paternity, the court reversed the trial court’s child support ruling. The mother filed a motion to disqualify the trial court judge. Before the trial court judge ruled on the motion for disqualification, the court made a ruling concerning child support. According to the appellate court, this was error.

The appellate court held, “Generally, a trial court must grant a legally sufficient motion to disqualify immediately and may not take any further action in the matter. Berry v. Berry, 765 So. 2d 855, 857 (Fla. 5th DCA 2000); see also Loevinger v. Northrup, 624 So. 2d 374, 375 (Fla. 1st DCA 1993) (‘A judge faced with a motion for recusal should first resolve that motion before making any other rulings in a case.’ (citing Mackenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332 (Fla. 1990))). The trial court, however, maintains the authority to perform the ministerial duty of preparing a written order to reflect oral pronouncements made before the motion to disqualify. Curran v. Curran, 760 So. 2d 1136, 1137 (Fla. 5th DCA 2000) (citing The Florida Bar v. Wilson, 714 So. 2d 381, 383 (Fla. 1998)); see also Fischer v. Knuck, 497 So. 2d 240, 243 (Fla. 1986) (finding trial court had jurisdiction to reduce its ruling in dissolution proceeding to writing after filing of motion for disqualification because case had been tried and orally ruled upon prior to motion to disqualify). This exception does not apply if the final judgment or order provides details not articulated in the trial court's prior oral pronouncement. Parnell v. Parnell, 113 So. 3d 989, 990-91 (Fla. 5th DCA 2013). In that instance, substantive changes in the trial court's ruling are not ministerial and are considered void. Id. at 990-91.”

Therefore, the trial court’s decision on child support was reversed. Schedule a consultation with a Miami family law attorney to understand court procedure and how to move forward in your case.