Watrel v. Watrel

Full title: Kathleen A. Watrel, Petitioner, v. Stephen Watrel, Respondent.

Court: Florida Court of Appeals, First District

Date published: May 18, 2022

No. 1D22-1383 (Fla. Dist. Ct. App. May. 18, 2022)

Opinion

1D22-1383

05-18-2022

Kathleen A. Watrel, Petitioner, v. Stephen Watrel, Respondent.

William S. Graessle of William S. Graessle, P.A., Jacksonville, for Petitioner. No appearance for Respondent.

Per Curiam.

Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.

Petition for Writ of Prohibition-Original Jurisdiction.

William S. Graessle of William S. Graessle, P.A., Jacksonville, for Petitioner.

No appearance for Respondent.

Per Curiam.

We deny the petition for writ of prohibition. Petitioner has failed to demonstrate a legally sufficient factual basis for the lower tribunal's disqualification. See Fla. R. Gen. Prac. & Jud. Admin. 2.330(e) ("A motion to disqualify shall set forth all specific and material facts upon which the judge's impartiality might reasonably be questioned"). "General and speculative assertions about a judge's attitude will not warrant relief." Erlinger v. Federico, 242 So.3d 1177, 1181 (Fla. 1st DCA 2018). To the extent Petitioner relies on the lower tribunal's adverse rulings, the petition is likewise legally deficient. A judge's adverse rulings may not serve as a basis for disqualification. Ault v. State, 53 So.3d 175, 204 (Fla. 2010); Dep't of Agric. & Consumer Servs. v. Broward Cty., 810 So.2d 1056 (Fla. 1st DCA 2002).

Denied.

MAKAR, OSTERHAUS, and KELSEY, JJ., concur.