I.K. v. Department of Children & Family Services

 Annotate this Case
Download PDF
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED. IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT In the Interest of I.K., Jr., a child. ) _________________________________ ) ) I.K., Jr., ) ) Petitioner, ) ) v. ) ) DEPARTMENT OF CHILDREN AND ) FAMILY SERVICES, ) ) Respondent. ) _________________________________ ) Case No. 2D03-4513 Opinion filed November 14, 2003. Petition for Writ of Prohibition to the Circuit for Polk County; Robert L. Doyel, Judge. Christopher Desrochers of Christopher A. Desrochers, P.A., Winter Haven, for Petitioner. Douglas Sherman, Lakeland, for Respondent. PER CURIAM. Contending that the circuit court should have granted a motion for disqualification, I.K., Jr., petitions this court for a writ of prohibition. We have jurisdiction. See Zuchel v. State, 824 So. 2d 1044 (Fla. 4th DCA 2002). We conclude that the order denying the motion for disqualification did not comply with Florida Rule of Judicial Administration 2.160(f). Therefore, we grant the petition and issue the writ of prohibition. Upon the filing of a motion to disqualify, the circuit judge "shall determine only the legal sufficiency of the motion and shall not pass on the truth of the facts alleged." Fla. R. Jud. Admin. 2.160(f). Here, in his seventeen-page order, the circuit judge went beyond merely determining the legal sufficiency of the motion and even refuted factual claims of bias made by I.K., Jr. When a judge has looked beyond the mere legal sufficiency of a suggestion of prejudice and attempted to refute the charges of partiality, he has exceeded the proper scope of his inquiry and on that basis alone established grounds for his disqualification. Bundy v. Rudd, 366 So. 2d 440, 442 (Fla. 1978). Accordingly, we grant the petition and remand the cause with directions to grant the motion for disqualification. Petition granted. FULMER, DAVIS, and KELLY, JJ., Concur. -2-

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.