DEAN LEA, PETITIONER,
v.
DONALD WIGTON AND BARBARA WIGTON, ET AL., RESPONDENTS
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.
Dean Lea petitioned for a writ of certiorari to quash a trial court order denying his motion to strike affirmative defenses. The court denied the petition because, although the trial judge departed from essential requirements of law by entering the order after being disqualified, Lea failed to demonstrate irreparable harm sufficient to warrant the extraordinary remedy of certiorari.
The petition for writ of certiorari is denied. Although the order was void because entered by a disqualified judge, Lea failed to meet the requirement of demonstrating irreparable harm necessary for certiorari relief, since the motion to strike remains pending and may be heard by a successor judge.
[1] A judge who has been disqualified from a case is prohibited from any further participation in that case.
[2] Any order entered by a judge after that judge has been disqualified is void.
Previewing 2 of 4 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 an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case”
Establishes the fundamental principle that disqualified judges cannot participate further in proceedings
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceOn April 30, 1997, the trial judge heard arguments on Lea's motion to strike the respondents' affirmative defenses and took the matter under advisemen…
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
ANTOON, Judge.
Dean Lea (petitioner) filed a petition for writ of certiorari requesting that this court quash the trial court’s order denying his motion to strike Donald and Barbara Wig-ton’s (respondents) affirmative defenses. We deny the petition because Lea has failed to establish that entry of the trial court’s order constituted irreparable harm.
On April 30, 1997, the trial judge heard argument regarding the petitioner’s motion to strike the respondents’ affirmative defenses and then took the matter under advisement. On November 13, 1997, the trial judge entered an order disqualifying himself because he was “personally acquainted” with the respondents. Thereafter, on December 14, 1997, the trial judge entered an order denying the petitioner’s motion to strike the respondents’ affirmative defenses.
The petitioner correctly argues that the trial judge departed from the essential requirements of the law by entering the order denying the motion to strike the respondents’ affirmative defenses. In this regard, once an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. Dream Inn, Inc. v. Hester, 691 So. 2d 555, 556 (Fla. 5th 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).
However, more is required for issuance of a writ of certiorari. Specifically, a petitioner seeking this extraordinary relief must also demonstrate that if the writ is not issued then judicial error will result in material injury throughout the remainder of the proceedings leaving no adequate remedy on direct appeal. See generally Allstate Ins. Co. v. Langston, 655 So. 2d 91, 94 (Fla.1995). This burden of irreparable harm cannot be met in this case because the erroneous order denying the petitioner’s motion to strike is void and therefore has no effect. In fact, the petitioner’s motion to strike is still pending and may be heard by the successor judge. Accordingly, we must deny the petition for writ of certiorari.
PETITION DENIED.
HARRIS and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999)…ying relief had stated that it was adopting the state’s response. “[Ojnce 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). Accord Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998); Long Term Management, Inc. v. University Nursing Care Center, Inc., 704 So. 2d 669 (Fla. 1st DCA 1997); Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976). Having conceded that the trial judge had, in fact, previously recused h…
-
Collado v. Heriberto Collado, 858 So. 2d 1255 (Fla. 5th DCA 2003)…PER CURIAM. The Petition for Writ of Prohibition seeking review of the “Order Setting Aside Recusal Order ...” is granted. As this court explained in Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998): [O]nce an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. Dream Inn, Inc. v. Hester, 691 So. 2d 555, 556 (Fla. 5th DCA 1997). As a result, any order entered by a judge…
-
Theron Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000)…rder denying post-conviction relief. This renders the order void. “[0]nce a trial judge has re-cused himself, further orders of the re-cused judge are void and have no effect.” Bolt v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992). Accord Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998); Long Term Management, Inc. v. University Nursing Care Ctr., Inc., 704 So. 2d 669 (Fla. 1st DCA 1997); Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977). See also Meaweather v. State, 73…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Allstate Ins. Co. v. Langston, 655 So. 2d 91 (Fla. 1995)
- Richard A. Bolt, M.D. v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992)
- Dream INN, Inc. v. Adrine Hester and Roy Hester, 691 So. 2d 555 (Fla. 5th DCA 1997)