Jason Azzarone was successful in arguing to the Second District Court of Appeal
Jason Azzarone was successful in arguing to the Second District Court of Appeal that the Trial Court did not err in denying the Plaintiff’s Renewed Motion to Disqualify the successor Judge assigned to the case. The Plaintiff filed a Renewed Motion to Disqualify following a hearing addressing the Defendants’ Motion to Dismiss. Despite being successful in defeating the Motion to Dismiss, the Renewed Motion to Disqualify was filed, arguing that comments made by the Judge during oral argument were improper, demonstrated bias towards the defense and supported the Plaintiffs’ belief that she would not receive a fair trial. Following the denial of the Renewed Motion to Disqualify, the Plaintiff filed a Petition for Writ of Prohibition with the Second District Court of Appeal, arguing that the denial was erroneous because the Judge’s comments were improper. In opposition, Mr. Azzarone argued that the comments were in no way inappropriate. Mr. Azzarone further argued that the Plaintiff failed to satisfy her burden of establishing error considering that the Plaintiff was attempting to disqualify a successor Judge. The Second District Court of Appeal agreed, denying the Petition for Writ of Prohibition.