KENNETH MEAWEATHER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Meaweather appealed the denial of his motion to correct an illegal sentence, arguing that the trial judge who denied the motion had previously recused himself, rendering the order void. The appellate court agreed that once a trial judge recuses, any further orders are void and remanded the case for a different judge to consider the motion.
Once a trial judge has recused himself, any further orders entered by that judge are void and have no effect. Because the state conceded the trial judge had previously recused himself, the order denying appellant's motion to correct an illegal sentence is void and must be vacated.
[1] An order entered by a trial judge after recusing himself from a case is void and has no legal effect.
[2] A defendant is entitled to have a motion considered by a judge other than one who has previously recused himself from the case.
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Join FLexlaw to unlock all legal intelligence“[Ojnce a trial judge has recused himself, further orders of the recused judge are void and have no effect.”
Establishes the controlling legal principle that orders from a recused judge are void
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Join FLexlaw to unlock all legal intelligenceAppellant filed a motion to correct an illegal sentence pursuant to Florida Rule of Criminal Procedure 3.800(a). The trial judge who had previously en…
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WEBSTER, J.
In this appeal from the denial of a motion to correct an illegal sentence, filed pursuant to Florida Rule of Criminal Procedure 3.800(a), appellant raises only one issue. He asserts that the trial judge who denied the motion had previously entered an order recusing himself from further participation in the case and that, therefore, the order is void. Appellant requests that the order b,e vacated, and the case remanded with directions that another judge be assigned to consider and rule upon his motion.
We issued an order which directed the state to show cause “why the relief requested by appellant ... should not be granted, the order of the trial court vacated, and the case returned to the trial court so that appellant’s motion may be considered and ruled upon by another judge.” On the last day permitted for a response to the order to show cause, the state filed, instead, a motion to supplement or correct the record. That motion conceded that the trial judge “had earlier recused himself from this case.” Notwithstanding that concession, the state requested that the record be supplemented by a copy of the state’s response in the trial court to appellant’s motion, noting that the trial court’s order denying 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 himself, the state has, likewise, conceded that appellant is entitled to the relief he requests. The contents of the state’s response in the trial court to appellant’s motion are irrelevant to the resolution of this appeal.
The state’s motion to supplement or correct the record is denied. The order denying appellant’s motion to correct an illegal sentence is vacated, and the case is remanded. On remand, the chief judge of the circuit shall appoint a different judge to consider and rule upon appellant’s motion.
REVERSED and REMANDED, with directions.
MINER and LAWRENCE, JJ„ CONCUR.
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Citator
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Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)…al judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect. See Haverty v. State, 830 So. 2d 264 (Fla. 5th DCA 2002); Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999); Weiss v. Miami Nat’l Bank, 320 So. 2d 466 (Fla. 4th DCA 1975). In the instant case, Judge Buttner recused himself on February 5, 2002. He lacked authority to make any further rulings on the case after that date. The order d…
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Collado v. Heriberto Collado, 858 So. 2d 1255 (Fla. 5th DCA 2003)…eam 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). 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. Accor…
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Curran v. Curran, 760 So. 2d 1136 (Fla. 5th DCA 2000)…the written judgment after disqualifying itself. Generally, once a trial court has recused itself, further orders from that court are considered void and without effect. See Stokes v. State, 756 So. 2d 1100 (Fla. 4th DCA 2000); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999). However, the trial court in the instant case did have jurisdiction to perform the ministerial duty of preparing a written order to reflect the earlier oral pronouncements. See The Florida Bar v. Wilson, 714 So. 2d 381, 383…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Richard A. Bolt, M.D. v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992)
- Long Term Mgmt., Inc. v. Univ. Nursing Care Ctr., Inc., 704 So. 2d 669 (Fla. 1st DCA 1997)
- Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976)
- LEA v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998)