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

When a party requests to remove a judge from presiding over a Florida family law case, this is done through a motion for disqualification. The rules governing this type of motion have strict deadlines. This was an issue in the case Pekel v. Leyva,3D24-1799 (Fla. 3d DCA November 27, 2024).

One of the parties to this case filed a motion to disqualify the trial judge. According to the rules of procedure, if the motion is not ruled upon within 30 days, it is deemed granted. The appellate opinion held “No response has been filed to the petition. Because the record demonstrates that the motion for disqualification was served on the trial judge and no timely order was entered, ‘the motion must be deemed granted.’ Hefley v. Holmquist, 48 Fla. L. Weekly D830 (Fla. 5th DCA Apr. 20, 2023). Accordingly, we grant the petition but withhold issuance of the writ, confident that the trial judge will grant the underlying motion.”

Schedule your meeting with a Miami family law attorney to understand your rights and remedies in your case.