Quiambao v. Quiambao
The Sixth DCA granted a writ of prohibition where the second judge assigned to a case denied a motion to disqualify by ruling on the truth of the facts alleged. The court held that a judge who takes over after the prior judge recused sua sponte (rather than on a granted disqualification motion) is not a 'successor judge' under Rule 2.330(i), so she could assess only legal sufficiency under Rule 2.330(h). The court denied the petition as to the summary final judgment, holding that reducing a pre-motion oral ruling to writing is a permissible ministerial act.
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