Bank of America, N.A. v. Atkin
In a long-running foreclosure, the borrower's counsel sought criminal contempt against the lender and later its servicer Bank of America and its law firm. The Third District granted prohibition, holding the motion to disqualify was timely (the 10-day clock under Rule 2.330(e) did not start until BOA was named and served, with Rule 2.514 time computation applying) and legally sufficient because the trial judge gave the borrower's counsel evidentiary 'tips' and engaged in an ex parte communication about the case during an unrelated hearing.
Key facts
- Bank of America, N.A. and its law firm were defendants in a long-running foreclosure case where the borrower's counsel sought criminal contempt against them.
- The borrower's counsel moved to disqualify the trial judge and later sought to disqualify Bank of America's counsel, alleging the judge provided evidentiary 'tips' to the borrower's counsel and engaged in ex parte communications about the case.
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Why it matters
A clean, citable roadmap for disqualification practice: it fixes when the Rule 2.330(e) 10-day clock begins for a newly targeted non-party, confirms Rule 2.514 time computation applies, and reaffirms that judicial… — full analysis with a trial
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