CRUZ v. CRUZ

No. 5D11-4305.

77 So.3d 880 (2012)

Mario Garibay CRUZ, Petitioner, v. Susan Sloan CRUZ, Respondent.

District Court of Appeal of Florida, Fifth District.

January 18, 2012.


Attorney(s) appearing for the Case

Caleb D. Rowland and Seth Schwartz , of The Schwartz Law Group, Jacksonville, for Petitioner.

Garry W. Crews , Scott Burleigh , and Ronald E. Sholes , of Law Offices of Ronald E. Sholes, P.A., Jacksonville, for Respondent.


PER CURIAM.

Petitioner seeks a writ of prohibition preventing the lower court judge from further presiding over the proceedings in St. Johns County case number DR08-1906. Because the lower court judge improperly denied Petitioner's motion to disqualify as untimely, and because the motion to disqualify was otherwise legally sufficient, we grant the petition.

The genesis of the disqualification issue arose pursuant to correspondence, dated November 1, 2011,...

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