Kimberly Bellamy v. Lee Law PLLC and Kyle J. Lee, Esq.
The First District denied a pro se litigant's petition for writ of prohibition seeking disqualification of a trial judge whose one-page order had explained that the court cannot coach a litigant and had urged the plaintiff to retain counsel. Judge Neff, concurring, explained that a motion to disqualify must set forth specific and material facts demonstrating a reasonable fear of an unfair hearing, and that a party's unreasonable speculation about an order's meaning — untethered from the order's actual words — will not suffice. The concurrence would have denied the petition as frivolous, ordered the petitioner to show cause why sanctions should not be imposed under Fla. R. App. P. 9.410, and endorsed legislative amendment of section 38.10 to close what it called the trial-court-disqualification-gamesmanship loophole.
Key facts
- Kimberly Bellamy, proceeding pro se, sued Lee Law PLLC and attorney Kyle J. Lee in circuit court and sent at least two emails to the trial judge's judicial assistant during the proceedings, one asking the judicial assistant to "advise if any additional procedural steps are required from me at this time."
- On July 29, 2026, the trial court issued a one-page order stating that "[t]he Court may not advocate or coach a litigant in a lawsuit, even a pro se litigant," and urging the plaintiff to seek and, if possible, retain an attorney.
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Holdings
- Under Fla. R. Gen. Prac. & Jud. Admin. 2.330(e)(1), a motion to disqualify must set forth all specific and material facts upon which the judge's impartiality might reasonably be questioned…
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Why it matters
Although the disposition is a one-word denial, the concurring opinion makes this a useful citation for civil practitioners defending against tactical judicial disqualification motions. It reaffirms the objective… — full analysis with a trial
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