Background

• Wife sought a domestic violence injunction in Duval County; alleged incidents occurred in Pinellas County and involved a metal dolly and a diaper bag.
• Trial judge raised venue concerns, suggesting the case should have been litigated in Pinellas and implied Wife moved to Duval for tactical reasons.
• Judge criticized Wife’s filing location, indicating it could affect credibility and the court’s decision making.
• Husband testified that he planned to move to Jacksonville; Wife moved for good faith reasons related to the Child’s treatment at Wolfson Children’s Hospital.
• Judge dismissed the petition, stating the evidence was insufficient and expressing bias about Wife’s petition location; Wife moved for new trial or disqualification.
• Appellate panel reversed and remanded for a new hearing before a different judge, holding the trial court prejudged the case and abused its discretion by disqualifying.

Issues

Key Cases Cited

• Rosenwater v. Deutsche Bank Nat’l Tr. Co., 220 So. 3d 1204 (Fla. 4th DCA 2017) (disqualification when bias apparent; mootness of other issues)
• Dunlevy v. State, 201 So. 3d 733 (Fla. 4th DCA 2016) (disqualification standards; moot issues if bias shown)
• H.S. v. Dep’t of Child. & Fams., 384 So. 3d 280 (Fla. 4th DCA 2024) (prejudgment indicates reversible error when bias appears)
• Wargo v. Wargo, 669 So. 2d 1123 (Fla. 4th DCA 1996) (gratuitous remarks demonstrating bias necessitate reversal)
• Minaya v. State, 118 So. 3d 926 (Fla. 5th DCA 2013) (prejudgment concerns require disqualification)
• Pilkington v. Pilkington, 182 So. 3d 776 (Fla. 5th DCA 2015) (prejudgment remarks sufficient for disqualification)
• Davis v. State, 347 So. 3d 315 (Fla. 2022) (harmless error standard applied to legal sufficiency issues)