Tania T. Aguilar v. Giraldo A. Perez De Utrera

Summary

The Florida Third District Court of Appeal affirmed a circuit court judgment in a family-law appeal. The court held that Florida Rule of Civil Procedure 1.540 and its family-law counterpart, Rule 12.540, are not appropriate vehicles for challenging a judgment based on alleged legal error, and it rejected judicial disqualification based solely on an adverse ruling.

Holdings

1. Neither Florida Rule of Civil Procedure 1.540 nor its family-law equivalent, Florida Family Law Rule of Procedure 12.540, is an appropriate vehicle to challenge a judgment based upon alleged legal error.
2. The fact that a judge has ruled against a party is not, standing alone, a legally sufficient basis for disqualification.

Questions Presented

1. Whether relief under Florida Rule of Civil Procedure 1.540 or Florida Family Law Rule of Procedure 12.540 is an appropriate means of challenging a judgment based on alleged legal error.
2. Whether the fact that a judge ruled against a party provides a legally sufficient basis for judicial disqualification.

Disposition

affirmed