RICHARD A. BOLT, M.D., APPELLANT,
v.
ALVIN SMITH, M.D. AND REVEREND HAL MARCHMAN, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Appellant's case was wrongly dismissed for failure to prosecute because a recused judge's void orders did not require re-notice, and once plaintiff gave notice of readiness, the trial court was precluded from dismissing for inaction.
Once a plaintiff gives notice of readiness for trial, the trial court is precluded from dismissing the action for failure to prosecute even if the plaintiff fails to take further action, and orders entered by a recused judge are void and have no effect.
[1] Once a plaintiff gives notice of readiness for trial, the trial court is precluded from dismissing the action for failure to prosecute regardless of subsequent plaintiff…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“once a trial judge has recused himself, further orders of the recused judge are void and have no effect”
Establishing that the recused judge's orders setting and then vacating the trial date were void and could not obligate appellant to re-notice the case.
A trial judge who had previously recused himself mistakenly entered an order setting the case for trial and then set aside that order. The trial court…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Void Order cases and more on FLexlaw
GOSHORN, Chief Judge.
This is an appeal from the trial court’s order dismissing this cause for failure to prosecute pursuant to Florida Rule of Civil Procedure 1.420(e). The record shows that a trial judge who had previously recused himself mistakenly entered an order setting the case for trial and then subsequently set aside that order. The appellees argue that these actions had the effect of a continuance and obligated the appellant (plaintiff below) to re-notice the case for trial. See Fishe & Kleeman, Inc. v. Aquarius Condominium Association, Inc., 524 So. 2d 1012, 1014 (Fla.1988). However, Florida case law is well settled that once a trial judge has recused himself, further orders of the recused judge are void and have no effect. Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976). Furthermore, in Mikos v. Sarasota Cattle Co., 453 So. 2d 402 (Fla.1984), the Florida Supreme Court held that once a plaintiff gives notice of readiness for trial, the trial judge must enter an order setting a date for trial. The trial court is thereafter precluded from dismissing the action for failure to prosecute even if the plaintiff fails to take any further action. Accordingly, the duty to re-notice the case for trial never arose in the instant case.
REVERSED and REMANDED.
COWART and PETERSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (24 total)
-
L.C. Bradley v. State, 631 So. 2d 1096 (Fla. 1994)…[*1097] GRIMES, Justice. We review Bradley v. State, 616 So. 2d 1156 (Fla. 2d DCA 1993), because of conflict with Thomas v. State, 605 So. 2d 1286 (Fla. 4th DCA 1992), Ferguson v. State, 594 So. 2d 864 (Fla. 5th DCA 1992), and Smith v. State, 613 So. 2d 603 (Fla. 5th DCA 1993). Our jurisdiction derives from article V, section 3(b)(3) of the Florida Constitution. Bradley pled guilty to two robberies which occurred on December 15, 1989, and was giv…1 / 2
-
Long Term Mgmt., Inc. v. Univ. Nursing Care Ctr., Inc., 704 So. 2d 669 (Fla. 1st DCA 1997)…has suffered an adverse ruling, unless good cause is shown for the delay. Fischer v. Knuck, 497 So. 2d 240, 243 (Fla.1986). “[O]nce a trial judge .has recused himself, further orders of the recused judge are void and have no effect.” Bolt v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992). However, “[w]hen a judge has heard the testimony and arguments and rendered an oral ruling in a proceeding, the judge retains the authority to perform the ministerial act of reducing that ruling to writing.” Fischer v. Knuck, 49…
-
Gaskins v. State, 607 So. 2d 475 (Fla. 1st DCA 1992)…sed as a special condition, and (5) straight probation. Although there is some uncertainty whether the supreme court intended this list to be all-inclusive, we nevertheless affirm as to appellant’s illegal sentence contention. Cf. Ferguson v. State, 594 So. 2d 864 (Fla. 5th DCA1992) (sentence of 364 days in county jail, to be suspended upon successful completion of 15 years’ probation, is illegal because not authorized by the supreme court in Poore)) Bryant v. State, 591 So. 2d 1102 (Fla. 5th DCA1992) (senten…1 / 2
Previewing 3 of 24 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Mikos v. Sarasota Cattle Co. & Charles E. Early, 453 So. 2d 402 (Fla. 1984)
- Fishe & Kleeman, Inc. v. Aquarius Condo. Ass'n, Inc., 524 So. 2d 1012 (Fla. 1988)
- Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976)