BARNETT BANK OF ST. LUCIE COUNTY, APPELLANT,
v.
CHERYL ANN GARRETT AND DALTON CLAY GARRETT, APPELLEES

Fla. 4th DCA | 1985-05-08
Nos. 84-1429, 84-1493
LETTS, DELL and WALDEN, JJ., concur.
468 So. 2d 467 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant correctly asserts that the trial judge erred when he entered an order granting appellee’s motion for leave to file a counterclaim, simultaneously with his order of recusal. See Weiner v. Weiner, 416 So. 2d 1260 (Fla. 4th DCA 1982). Accordingly, we reverse that portion of the order dated June 28, 1984 which granted appel-lee’s motion for leave to file a counterclaim.

REVERSED AND REMANDED.

LETTS, DELL and WALDEN, JJ., concur.


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  • …recusal motion must be heard first. The rationale for such a progression is based upon the principle that once a trial judge recuses himself orders issued thereafter are void subject to narrow exceptions. Barnett Bank of St. Lucie County v. Garrett, 468 So. 2d 467 (Fla. 4th DCA 1985); Schwartz v. Schwartz, 431 So. 2d 716 (Fla. 3d DCA 1983). The order of the entire hearing was askew once the court elected to consider the amount of attorneys’ fees without first resolving the motion for disqualification. II. Sa…
  • Barnett Bank OF S. Fla., N.A. v. Tarr, 557 So. 2d 595 (Fla. 4th DCA 1990)
    …ntempt proceedings against an attorney, to complete its case. Instead, the trial judge dismissed the proceedings and simultaneously recused himself.1 We reverse. In our view, the outcome is controlled by Barnett Bank of St. Lucie County v. Garrett, 468 So. 2d 467 (Fla. 4th DCA 1985), wherein we held that “the trial judge erred when he entered an order granting appel-lee’s motion for leave to file a counterclaim, simultaneously with his order of re-cusal.” The attorney/appellee in the case sub judice, argues…
  • Dawson v. State, 491 So. 2d 310 (Fla. 4th DCA 1986)
    …trial court further erred in retention of jurisdiction over one-third of appellant’s sentence. Retention of jurisdiction over any portion of a sentence imposed under the guidelines — as this sentence should have been — is improper. Clement v. State, 468 So. 2d 467 (Fla. 4th DCA 1985). Finally, the trial judge improperly assessed costs against appellant, who had been declared indigent, without compliance with the requirements set forth in Jenkins v. State, 444 So. 2d 947 (Fla.1984). [*312] We affirm the convi…

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