Banks v. Banks
After a movant served a motion to disqualify the trial judge both through the e-filing portal's e-service function and at the judge's designated email address, the judge did not rule until 45 days later, denying the motion and stating it was 'never served.' The Fourth District granted prohibition, holding that under Rule 2.330(l) the motion was deemed granted because it was not denied within 30 days of service, and quashed the denial order.
Key facts
- Movant served a motion to disqualify the trial judge through both the e-filing portal's e-service function and the judge's designated email address.
- The trial judge did not rule on the motion until 45 days after service, at which point the judge denied it on grounds that it was 'never served.'
- +1 more key fact with a free trial
Why it matters
Practitioners obtaining a 'deemed granted' disqualification under Rule 2.330(l) now have Fourth District authority (aligning with the Third DCA's Pekel v. Leyva) confirming that portal e-service on the judge starts the… — full analysis with a trial
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