Motion To Disqualify A Judge- Is Setting A Foreclosure Trial Violating The Court’s Neutrality?
Courts all across this State of Florida have set themselves into the role of prosecuting cases for Plaintiffs. If a case has not been “moving toward resolution”, the court will in fact move that case toward trial and resolution for that Plaintiff. In many cases, the Plaintiff is more than willing to let the case sit idly by, but the court is moving them forward.
As you read below, the test for disqualification is whether the consumer feels the court is not impartial and reasonable people could definitely articulate this belief….especially when the act of trial setting is combined with other unfair procedures…
(1) A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality might reasonably be questioned….