07-6486 McCONNAUGHHAY, DUFFY, COONROD, POPE & WEAVER, P.A.. v. LUTHERAN SERVICES OF FLORIDA, INC

State: Florida

Court: Florida First District Court

Docket No: 07-6486

Case Date: 03/18/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA McCONNAUGHHAY, DUFFY, NOT FINAL UNTIL TIME EXPIRES TO COONROD, POPE & WEAVER, P.A., FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. Petitioner, CASE NO. 1D07-6486 v. LUTHERAN SERVICES, FLORIDA, INC., Respondent. ______________________________/ Opinion filed March 18, 2008. Petition for Writ of Prohibition -- Original Jurisdiction. Mary L. Wakeman, Victoria E. Heuler, and Ashley Richardson of McConnaughhay, Duffy, Coonrod, Pope & Weaver, P.A., Tallahassee, for Petitioner. Lois B. Lepp of Lois B. Lepp, P.A., Pensacola; James C. Taylor of Taylor & Van Matre, P.A., Pensacola, for Respondent.

PER CURIAM. Petitioner, a law firm seeking to recover fees and costs in a guardianship matter pursuant to section 744.108, Florida Statutes, seeks prohibition relief following the

denial of its motion to disqualify the trial judge. Having carefully considered the record and the arguments of the parties, we conclude that petitioner had standing to seek disqualification, and that its motion seeking that relief, which was filed contemporaneously with its petition for fees and costs, was timely. We likewise conclude that taking the facts alleged therein as true, the motion for disqualification was legally sufficient. Accordingly, the petition for writ of prohibition is granted. PETITION GRANTED. BROWNING, C.J., VAN NORTWICK and ROBERTS, JJ., CONCUR.

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