Petition for Writ of Prohibition - Stopa Law Firm

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trial created the impression that he had prejudged the case); Wargo v. Wargo, 669So. 2d 1123 (Fla. 4th DCA 1996) (Writ of Prohibition issued where the judgebegan to rule without giving a party a chance to be heard).26. Couch’s argument in her Motion to Disqualify is even stronger thanthe cases set forth above. Here, the Judge not only pre-judged the AmendedMotion to Dismiss, she ruled against Couch without a hearing and without havingread her motion. Perhaps worse yet, when apprised of this conduct, the Judgemisrepresented that he had read the motion, prior to denying it, when he clearlyhad not.27. It is eminently reasonable for Couch to doubt her ability to get a fairhearing before the Judge when the Judge ruled against her without a hearing andwithout reading her motion. To put it differently:Would you think you were getting a fair hearing if the Judge ruledagainst you without a hearing and without reading your motion?28. It is eminently reasonable for Couch to doubt her ability to get a fairhearing before the Judge when, after denying her motion without a hearing andwithout reading it, the Judge misrepresented that he had read the motion (prior todenying it) when, in fact, he had not. To put it differently:Would you think you were getting a fair hearing if the Judge deniedyour motion without reading it, without a hearing, and thenmisrepresented to you that he had read your motion, prior to denyingit, when he had not?8
29. Respectfully, any reasonable person would question his/her ability toget a fair hearing under these circumstances.30. All Couch is asking is for a fair chance to be heard by a judge who hasnot already pre-determined the merits of her motion. Yes, the courts are inundatedwith cases. Respectfully, however, it cannot reach the point where judges deny amotion without reading it, without a hearing, and then falsely assert they had readthe motion (prior to denying it) when they had not.CONCLUSIONPetitioners’ Motion to Disqualify Judge was legally sufficient and shouldhave been granted. Applying a de novo standard of review, this Court should issuea Petition for Writ of Prohibition and direct that the Case be re-assigned to arandomly-assigned judge.9
Page 1 and 2: JACQUELINE COUCH,IN THE DISTRICT CO
Page 3 and 4: Amended Motion to Dismiss. The inte
Page 5: the undersigned told the Judge word
Page 10: CERTIFICATE OF SERVICEI HEREBY CERT

Petition for Writ of Prohibition - Stopa Law Firm

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