Rich Omoruyi v. Ana Falla

Summary

The Florida Third District Court of Appeal affirmed orders striking Rich Omoruyi’s pleadings, dismissing his negligence complaint, and denying his motion to vacate the dismissal. The court held that the limited appellate record, including missing hearing transcripts, did not establish reversible error or a legally sufficient basis for judicial disqualification based on alleged bias.

Holdings

1. When an appellant fails to provide necessary transcripts of relevant trial-court proceedings, the appellate court cannot adequately review the asserted factual and legal errors and will affirm absent a record establishing reversible error.
2. A motion to disqualify a trial judge must allege facts that would place a reasonably prudent person in fear of not receiving a fair and impartial trial; an adverse ruling, standing alone, is not a legally sufficient basis for disqualification.

Questions Presented

1. Whether the appellate court could determine that the trial court committed reversible error in dismissing Omoruyi's negligence action while discovery disputes and motions remained pending when Omoruyi failed to provide necessary hearing transcripts.
2. Whether the trial court erred in denying Omoruyi's motion to disqualify based on alleged judicial bias when the record did not show facts causing a reasonably prudent person to fear not receiving a fair and impartial trial.

Disposition

affirmed