JEFFREY R. HASTINGS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2000-04-19
No. 4D00-0079
WARNER, C.J., FARMER and KLEIN, JJ., concur.
756 So. 2d 217 Florida District Court of Appeal, Fourth District (2000) Positive Treatment
Cited by 3 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We reverse and remand the trial court’s dismissal of appellant’s “motion for time served credit.” On remand trial court shall consider the merits of the motion.

WARNER, C.J., FARMER and KLEIN, JJ., concur.


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  • Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)
    …motion for rehearing. We agree and reverse. Once a trial 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…
  • Goolsby v. State, 914 So. 2d 494 (Fla. 5th DCA 2005)
    …she enters in that case, are void and have no effect. Jenkins v. Motorola, Inc., 911 So. 2d 196 (Fla. 3d DCA 2005); see Davis v. State, 849 So. 2d 1137, 1138 (Fla. 1st DCA 2003); Haverty v. State, 830 So. 2d 264 (Fla. 5th DCA 2002); Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000). In denying Goolsby a new hearing on his rule 3.850 motion, Judge Waller concluded that she had not recused herself from Goolsby’s case. We disagree, and conclude that a fair reading of Judge Waller’s order, stating that it woul…
  • Brinson v. State, 873 So. 2d 505 (Fla. 2d DCA 2004)
    …at the order on appeal is void because the trial judge who entered the order had previously entered an order recusing himself in the same trial court case. We agree that the prior order of recusal renders the present order void. See Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000). Accordingly, we reverse the order summarily denying appellant’s rule 3.850 motion and remand to the trial court for a newly assigned trial judge to consider the motion on its merits. Id. Reversed and remanded, with directio…

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