“[A] court’s questioning of parties as to their position does not alone constitute legally sufficient grounds for disqualification.”
How later courts described this case
- “[A] court’s questioning of parties as to their position does not alone constitute legally sufficient grounds for disqualification.”
- “When the issue presented in a declaratory action is the subject of an earlier filed suit in which the plaintiff can secure full relief, the trial court should not consider the request for declaratory relief.”
Written by the judges who cited it.
The opinion
Third District Court of Appeal
State of Florida
Opinion filed June 26, 2024.
Not final until disposition of timely filed motion for rehearing.
________________
No. 3D22-1940
Lower Tribunal No. 22-7044
________________
Gabby Jolibois,
Appellant,
vs.
The School Board of Miami-Dade County, et al.,
Appellees.
An Appeal from the Circuit Court for Miami-Dade County, Reemberto
Diaz, Judge.
Carlton Pierce, P.A., and Carlton Pierce (Boynton Beach), for
appellant.
Walter J. Harvey, General Counsel, Jordan A. Madrigal, Associate
General Counsel, and Sara M. Marken, Associate General Counsel, for
appellees The School Board of Miami-Dade County, Florida, and
Superintendent Jose L. Dotres; Nathan Soowal, P.A., and Nathan A. Soowal
(Pompano Beach), for appellee Djenanne Jolibois.
Before LINDSEY, GORDO and LOBREE, JJ.
PER CURIAM.
Affirmed. See State, Dep’t of Env’t Prot. v. Garcia, 99 So. 3d 539, 546
(Fla. 3d DCA 2011) (“When the issue presented in a declaratory action is the
subject of an earlier filed suit in which the plaintiff can secure full relief, the
trial court should not consider the request for declaratory relief.”); see also
Thompson v. State, 759 So. 2d 650, 660 (Fla. 2000) (“[A] court’s questioning
of parties as to their position does not alone constitute legally sufficient
grounds for disqualification.”).
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