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Avmed, Inc. v. Sheridan Healthcorp, Inc.

Citations: 43 So. 3d 193; 2010 Fla. App. LEXIS 13633; 2010 WL 3564752Docket: Nos. 4D09-4747, 4D10-43

Court: District Court of Appeal of Florida; September 15, 2010; Florida; State Appellate Court

Narrative Opinion Summary

The defendant/counter-plaintiff filed two petitions for writ of prohibition regarding the trial court's denial of motions to disqualify the presiding judge. Upon consolidation and review of the petitions, the court found that the trial court erred in its decisions. Consequently, the petitions are granted, and writs of prohibition are issued, resulting in the assignment of the case to a different circuit court judge. The decision was concurred by Judges FARMER, MAY, and CIKLIN.

Legal Issues Addressed

Assignment to Different Judge

Application: As a result of the granted writs of prohibition, the case was assigned to a different circuit court judge.

Reasoning: Consequently, the petitions are granted, and writs of prohibition are issued, resulting in the assignment of the case to a different circuit court judge.

Judicial Disqualification

Application: The appellate court found that the trial court erred in denying the motions to disqualify the presiding judge, necessitating the assignment of a different judge.

Reasoning: Upon consolidation and review of the petitions, the court found that the trial court erred in its decisions.

Writ of Prohibition

Application: The appellate court granted the writ of prohibition to prevent the trial court judge from continuing to preside over the case, due to an error in denying motions to disqualify the judge.

Reasoning: The defendant/counter-plaintiff filed two petitions for writ of prohibition regarding the trial court's denial of motions to disqualify the presiding judge.