MARTINEZ v. CRAMER

No. 4D13-368.

111 So.3d 206 (2013)

Glenda MARTINEZ, Petitioner, v. John CRAMER and J. Alan Smith, Respondents.

District Court of Appeal of Florida, Fourth District.

April 3, 2013.


Attorney(s) appearing for the Case

Robin Bresky of Law Offices of Robin Bresky, Boca Raton, for petitioner.

Ellen S. Morris of Elder Law Associates PA, Boca Raton, for respondent John Cramer.


PER CURIAM.

Petitioner, Glenda Martinez, petitions for writ of prohibition to prevent the trial judge from presiding over further proceedings in the guardianship of the petitioner's spouse, for whom she is the designated healthcare surrogate. We grant the petition.

The substantive test for whether a motion to disqualify is legally sufficient is "whether the facts alleged would place a reasonably prudent person in fear of not receiving a fair and impartial...

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