J.M.P.U. v. Dept. Child. Fam

Full title: J.M.P.U., Appellant, v. DEPT. OF CHILDREN AND FAMILY SERVICES, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Oct 29, 2003

862 So. 2d 752 (Fla. Dist. Ct. App. 2003)

Opinion

Case No. 3D03-258

Opinion filed October 29, 2003. Rehearing Denied January 9, 2004.

An Appeal from the Circuit Court for Miami-Dade County, Steven D. Robinson, Judge. Lower Tribunal No. 01-15266.

Douthit Murray, and Marc Douthit, for appellant.

Calianne P. Lantz, for appellee.

Before GERSTEN, RAMIREZ, and SHEPHERD, JJ.

PER CURIAM.

The respondent J.M.P.U. seeks reversal of the trial court's adjudication of dependency based on the trial court's denial of his third motion for recusal. We find no error in the trial court's decision that the motion for recusal was legally insufficient, as well as untimely. The record reflects that the motion did not allege facts which demonstrated a well-founded belief that the respondent was unable to receive a fair trial from the trial court judge. See Thompson v. State, 759 So.2d 650, 659 (Fla. 2000) ("the fact that a judge has ruled adverse to the party in the past does not constitute a legally sufficient ground for a motion to disqualify"). The record also reflects that the motion was clearly untimely. See Fischer v. Knuck, 497 So.2d 240, 243 (Fla. 1986).

Affirmed.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.