Rosen v. Tiffany of Bal Harbour Condominium Association, Inc.
After the Third District ordered a response to Rosen's prohibition petition challenging the denial of his fourth motion to disqualify the trial judge, the trial judge personally filed a response disputing the factual allegations in the disqualification motion. The court held that by doing so the judge created an adversarial atmosphere and an independent basis for disqualification, granting the writ and remanding for reassignment even though the underlying motion might well have been legally insufficient.
Key facts
- Rosen sought to disqualify the trial judge by filing his fourth motion to disqualify; the trial judge denied the motion.
- Rosen filed a prohibition petition in the Third District appellate court challenging the denial of his disqualification motion.
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Why it matters
A practical and recurring trap: this opinion confirms that a judge who defends against a disqualification motion on the facts — even in an appellate response invited by the court — becomes disqualified regardless of the… — full analysis with a trial
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