Petition for Writ of Prohibition - Stopa Law Firm

andomly-assigned judge.OVERVIEW3. In the course of litigation of the Case, the Judge denied an amendedmotion to dismiss filed by Petitioner without a hearing and without even readingthe motion. Then, when Petitioner’s undersigned counsel expressed concern withthe Judge’s conduct, the Judge represented that he had read the motion when, infact, he had not. Caught in this misrepresentation, and told a motion to disqualifywould be forthcoming, the Judge could only say “do what you need to do.”4. The facts, as set forth in detail, below, gave Petitioner a well-reasonedfear she would not receive a fair hearing or trial before the Judge. Her Motion toDisqualify Judge was legally sufficient and should have been granted.FACTS5. The facts, as set forth in the Motion to Disqualify Judge, are set forthbelow. See Appendix to Petition, 1.6. On May 17, 2010, Couch served her Motion to Dismiss Complaint.7. On or about June 6, 2010, Respondent, Chase Home Finance, LLC(“Respondent”), served its Response to Motion to Dismiss.8. On September 15, 2010, upon realizing this case was assigned to theJudge (the only judge in Pinellas County who denies motions to dismiss inforeclosure cases without a hearing), Couch’s undersigned counsel served an2