Granada Insurance Co. v. Lopez
An insurer sought a writ of prohibition to disqualify a circuit judge who, at a summary judgment hearing, disparaged the parties' stipulation as "nothing short of a conspiracy," a "deal with the devil," and "painfully close to insurance fraud." The Fifth DCA denied the petition solely on timeliness: the 20-day clock under Rule 2.330(g) began when the judge made the comments at the September 19 hearing, not when the court later denied reconsideration. The court expressly declined to rule on legal sufficiency and reminded the judge of his authority to disqualify himself on his own initiative.
Key facts
- Granada Insurance Company sought a writ of prohibition to disqualify a circuit judge who made disparaging comments about the parties' stipulation at a summary judgment hearing, characterizing it as 'nothing short of a conspiracy,' 'a deal with the devil,' and 'painfully close to insurance fraud.'
- The trial court denied the insurer's motion to disqualify the judge, and the insurer appealed to the Fifth District Court of Appeal.
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Why it matters
A practical warning for litigators: judicial bias grounds must be raised within 20 days of the hearing at which the comments are made, not after an adverse written order or denial of reconsideration. Counsel who hope to… — full analysis with a trial
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