Sergio Alberto Castillo v. Marlen Castillo

Summary

The Florida Fourth District Court of Appeal granted Sergio Alberto Castillo’s petition for a writ of prohibition based on his allegation that the trial court failed to provide a fair opportunity to present argument or additional evidence concerning temporary support. The court directed reassignment to a successor judge and vacated the order granting temporary relief and attorney’s fees entered after the motion to disqualify was filed.

Holdings

1. A sworn allegation that the trial court failed to allow a party to present argument or additional evidence before ruling on a motion for temporary support is sufficient to place a reasonably prudent person in fear of not receiving a fair hearing and supports issuance of a writ of prohibition.
2. The case must be reassigned to a successor judge.
3. The trial court's order granting respondent's May 14, 2014 motion for temporary relief and attorney's fees must be vacated because it was entered after petitioner moved to disqualify the trial judge.

Questions Presented

1. Whether petitioner's sworn allegation that the trial court denied him an opportunity to present argument or additional evidence before ruling on temporary support was sufficient to establish a well-founded fear that he would not receive a fair hearing.
2. Whether the trial court's order granting temporary relief and attorney's fees, entered after petitioner moved to disqualify the trial judge, should be vacated.

Disposition

writ_granted