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.
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