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6th DCAApril 19, 2024Petition Granted; Writ Issued⭐ Notable

Torres v. Orlick

Case No. 6D2024-0469

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.

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