Torres v. Orlick
After the petitioner argued at a hearing that the respondent's motion to vacate a clerk's default was legally insufficient for lack of a verifying affidavit, the trial judge sua sponte pointed out the deficiency, continued the hearing without any request, and gave the respondent ten days to file supporting affidavits. The Sixth District granted prohibition, holding the judge abandoned his neutral role by giving unsolicited, strategically beneficial litigation advice to one party, rendering the motion to disqualify legally sufficient.
Key facts
- Petitioner Torres objected at a hearing to respondent Orlick's motion to vacate a clerk's default, arguing the motion was legally insufficient because it lacked a verifying affidavit.
- The trial judge sua sponte identified the deficiency, continued the hearing without any party request, and gave Orlick ten days to file supporting affidavits to cure the defect.
- +2 more key facts with a free trial
Why it matters
A crisp Sixth District statement that judicial 'help' curing a party's procedural defect—here, the missing affidavit supporting a motion to set aside a clerk's default—is disqualifying conduct, not permissible case… — full analysis with a trial
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