CINDY A. DEBERRY, PETITIONER,
v.
THE HONORABLE C. LAVON WARD, JUDGE OF THE 17TH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA, ETC., RESPONDENTS

Fla. 4th DCA | 1993-10-27
No. 93-2629
HERSEY, FARMER and PARIENTE, JJ., concur.
625 So. 2d 992 Florida District Court of Appeal, Fourth District (1993) Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.

[*993] PER CURIAM.

Petitioner seeks a writ of prohibition to prevent respondent from entertaining further jurisdiction over her dissolution of marriage action. Pursuant to petitioner’s motion for disqualification, respondent recused himself. The case was then reassigned to a different judge. Upon rehearing, respondent reinstated himself, noting that he made a clerical mistake when signing the order to grant the motion to disqualify. A judge may not reconsider his decision to disqualify. State v, Schack, 617 So. 2d 832, 833-34 (Fla. 4th DCA 1993). On that basis, we grant petitioner’s writ and direct the lower court to transfer the case to another judge.

HERSEY, FARMER and PARIENTE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Oza Jenkins v. Motorola, Inc., 911 So. 2d 196 (Fla. 3d DCA 2005)
    …or she may not reconsider the decision to disqualify. State v. Schack, 617 So. 2d 832, 833-34 (Fla. 4th DCA 1993). A trial judge may not reconsider an order of disqualification even if the trial judge entered the order in error. In Deberry v. Ward, 625 So. 2d 992 (Fla. 4th DCA 1993), a case factually similar to the present case, the trial judge granted a motion to disqualify. Upon rehearing, he reinstated himself noting that he had made a clerical mistake and did not intend to sign the order to disqualify. T…
  • Goolsby v. State, 914 So. 2d 494 (Fla. 5th DCA 2005)
    …articipation in the case, Florida Rule Judicial Administration 2.160(f), and may not reconsider the decision to disqualify herself, State v. Schack, 617 So. 2d 832, 833-34 (Fla. 4th DCA 1993), even if the order was entered in error. Deberry v. Ward, 625 So. 2d 992 (Fla. 4th DCA 1993). As a result, any order entered simultaneously with the order of recusal, as well as any subsequent orders she enters in that case, are void and have no effect. Jenkins v. Motorola, Inc., 911 So. 2d 196 (Fla. 3d DCA 2005); see Da…
  • Collado v. Heriberto Collado, 858 So. 2d 1255 (Fla. 5th DCA 2003)
    …h DCA 1997). As a result, any order entered by a judge after that judge has been disqualified is void. Bolt v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992). Id. at 723; see also Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999); Deberry v. Ward, 625 So. 2d 992 (Fla. 4th DCA 1993); State v. Schack, 617 So. 2d 832 (Fla. 4th DCA 1993).1 Therefore, we find the petitioner has met the burden to establish a legally sufficient basis for disqualification. Accordingly, we grant the petition for writ of prohibition…

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