PAUL E. DYKES, APPELLANT,
v.
TAMARA L. DYKES, APPELLEE
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PER CURIAM.
The final judgment of dissolution of marriage is reversed on the ground that Orange County Circuit Judge Miller erred in denying the husband’s motion to disqualify. See Livingston v. State, 441 So. 2d 1083 (Fla.1983). Because Judge Miller transferred venue to Seminole County over the husband’s objection after erroneously denying the motion to disqualify, that ruling must be vacated and the cause returned to Orange County for further proceedings before a different circuit judge. The venue issue may then be resolved in accordance with the law set forth in Carroll v. Carroll, 341 So. 2d 771 (Fla.1977).
We also add that the trial court should satisfactorily determine whether an evidentiary basis exists to find that the marriage here is irretrievably broken. See Ryan v. Ryan, 277 So. 2d 266 (Fla.1973).
REVERSED AND REMANDED.
COBB and THOMPSON, JJ., concur. GOSHORN, J., concurs specially with opinion.
GOSHORN, Judge,
concurring specially.
I concur. While appellant’s motion to disqualify Judge Miller was unsigned and un-sworn, appellant was before the court and should have been sworn and permitted to sign his motion as he requested. See Mitchell v. State, 642 So. 2d 1108 (Fla. 4th DCA 1994).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lages v. State, 685 So. 2d 968 (Fla. 2d DCA 1996)…on for disqualification and the motion for posteonviction relief and direct the chief judge of the circuit to assign a different judge to hear the motion for posteonviction relief. See Livingston v. State, 441 So. 2d 1083 (Fla.1983); Dykes v. Dykes, 653 So. 2d 497 (Fla. 5th DCA 1995). To aid the trial judge in considering the motion for posteonviction relief and in the interest of judicial efficiency, we note that it appears that eleven of the issues Lages raised were either addressed on direct appeal, see L…
Authorities Cited
- Livingston v. State, 441 So. 2d 1083 (Fla. 1983)
- Ryan v. Ryan, 277 So. 2d 266 (Fla. 1973)
- Vernell Carroll v. Carroll, 341 So. 2d 771 (Fla. 1977)
- Brantley v. Omega Charter Int'l, Inc., 642 So. 2d 1108 (Fla. 4th DCA 1994)