Ryan Colbert v. Tiffany Colbert
CourtDistrict Court of Appeal of Florida
Date FiledOctober 7, 2026
Docket6D2026-2066
StatusPublished
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Full Opinion
SIXTH DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
Case No. 6D2026-2066
Lower Tribunal No. 2024-DR-001292-O
_____________________________
RYAN COLBERT,
Petitioner,
v.
TIFFANY COLBERT,
Respondent.
_____________________________
Petition for Writ of Prohibition to the Circuit Court for Orange County.
October 7, 2026
PRATT, J.
Having reviewed the petition for writ of prohibition, the response, the reply,
and the appendices thereto, we determine that the motion for disqualification
directed to the initial trial court judge is legally sufficient. See Fla. R. Gen. Prac. &
Jud. Admin. 2.330(h) (“If the motion [to disqualify] is legally sufficient, the [initial
trial court] judge shall immediately enter an order granting disqualification and
proceed no further in the action.”); Davis v. State, 347 So. 3d 315, 322 (Fla. 2022)
(“When a court rules on the legal sufficiency of a motion for disqualification, it must
consider whether the facts alleged would place a reasonably prudent person in fear
of not receiving a fair and impartial trial. Rather than questioning a judge’s
perception of his or her ability to act fairly and impartially, a motion for
disqualification focuses on those matters from which a litigant may reasonably
question a judge’s impartiality. Even if a judge, therefore, is confident that he or she
can preside with no bias, the judge must grant a motion to disqualify if a reasonably
prudent person could question his or her impartiality.” (citations and internal
quotation marks omitted)). We therefore grant the petition for writ of prohibition and
remand with instructions to the Chief Judge of the Ninth Judicial Circuit to reassign
the case to a successor trial court judge.
PETITION GRANTED; REMANDED with instructions.
WOZNIAK and MIZE, JJ., concur.
Allison Morat, of The Brownlee Law Firm, P.A., Orlando, for Petitioner.
Tiffany Colbert, Orlando, pro se.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING
AND DISPOSITION THEREOF IF TIMELY FILED
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