Florida District Courts of Appeal, 1988

Katzen v. Knuck

Katzen v. Knuck
Florida District Courts of Appeal · Decided September 6, 1988 · Jorgenson, Nesbitt, Pearson
530 So. 2d 502; 13 Fla. L. Weekly 2078; 1988 Fla. App. LEXIS 3973; 1988 WL 91168 (Southern Reporter, Second Series)

Katzen v. Knuck

Opinion of the Court

PER CURIAM.

The petitioners seek a writ of prohibition to disqualify the respondent from conducting further proceedings in the underlying garnishment litigation. For well over one year, both parties to the litigation mistakenly filed pleadings in another division of the trial court although the action had been assigned to the respondent’s division. When the error came to light, the petitioners filed a sworn motion to disqualify, citing as grounds therefore several prior re-cusals of the respondent in cases involving petitioner’s counsel. The trial court denied the motion. We agree that the petitioners’ motion and affidavit fulfill the procedural requirements of Florida Rule of Civil Procedure 1.432 governing disqualification of civil court judges. See Livingston v. State, 441 So.2d 1083 (Fla. 1983) (Rule 1.432 controls disqualification process).

The writ of prohibition is, therefore, GRANTED.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.