Ross v. Ross, 77 So. 3d 238

Richard S. Ross filed a petition for writ of prohibition to stop a disqualified Broward County Circuit Court judge from continuing post-dissolution proceedings.
In a related appeal between the same parties, Ross v. Ross, the Fourth District reversed a sale-order related to arrearages and remanded for a new order after Ross could submit or object to proposed orders.
During the pendency of that appeal, Ross moved to disqualify the trial judge; by mandate, the judge had already granted disqualification.
The judge held a teleconference and directed Ross to submit objections or a proposed order, despite disqualification, prompting Ross to object to any further action by the judge.
The former wife argued an exception to the disqualification rule could apply; Ross argued against proceeding by a disqualified judge, relying on applicable rules and cases.
This court granted the petition and directed the successor judge to proceed no further in the matter, with a requirement for a new hearing before a successor judge.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Fischer exception applies to permit ministerial action by a disqualified judge	Ross contends the exception allows ministerial act of reducing to writing.	Ross argues Plaza controls and exception does not apply.	Exception not applicable; disqualified judge may not perform non-ministerial actions.
Whether a disqualified judge can issue or modify orders in the case	Ross seeks to bar further action by the disqualified judge.	Wife contends the judge can perform ministerial tasks related to the order.	Disqualified judge cannot proceed; orders issued by such judge are void.
Whether a new hearing must be held by a successor judge	Ross argues a new hearing is required under the remand mandate.	Wife relies on procedures allowing ministerial adjustments without full rehearing.	A new hearing before a successor judge is required.

Fischer v. Knuck, 497 So.2d 240 (Fla. 1986) (disqualification exception allows ministerial act but not substantive changes)
Plaza v. Plaza, 21 So.3d 181 (Fla. 3d DCA 2009) (disqualification exception not applicable when no transcript and order reflects hearing)
Berry v. Berry, 765 So.2d 855 (Fla. 5th DCA 2000) (narrow exception to disqualification-rule when discretion is involved)
Beattie v. Beattie, 536 So.2d 1078 (Fla. 4th DCA 1988) (hearing may be required for proper adjudication when a remand occurs)
Jenkins v. Motorola, Inc., 911 So.2d 196 (Fla. 3d DCA 2005) (an order entered by a disqualified judge may be void)
Stimpson Computing Scale Co. v. Knuck, 508 So.2d 482 (Fla. 3d DCA 1987) (cites the disqualification framework for ministerial tasks)
Goolsby v. State, 914 So.2d 494 (Fla. 5th DCA 2005) (disqualification generally bars further participation)
Sherrod v. Berg, 865 So.2d 689 (Fla. 5th DCA 2004) (disqualification rule considerations in review)
Collado v. Collado, 858 So.2d 1255 (Fla. 5th DCA 2003) (principles governing disqualification and subsequent actions)