MERLE J. STOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
We reverse the order that denied Merle Stokes’ petition for writ of habeas corpus. After that order was entered, it was brought to the judge’s attention that he had previously disqualified himself from the case, but that there was no written order to that effect in the file. The judge then entered a written order disqualifying himself from the case nunc pro tunc to the date of the oral ruling.
The order denying the petition must be reversed because it was entered by a disqualified judge. Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999); Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977). On remand, the chief judge of the circuit shall appoint a different judge to consider and rule upon Appellant’s motion.
REVERSED AND REMANDED.
STONE, KLEIN, and TAYLOR, JJ., concur.
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Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)…s. The case is remanded with directions that the chief judge of the circuit appoint a different judge to consider and rule on Davis’ motion for rehearing. See Thomas, supra, at 217; Meaweather, supra, at 500; Haverty, supra, at 264; Stokes v. State, 756 So. 2d 1100 (Fla. 4th DCA 2000). Reversed and Remanded. WEBSTER, PADOVANO and POLSTON, JJ., concur.…
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Curran v. Curran, 760 So. 2d 1136 (Fla. 5th DCA 2000)…ly, we find that the trial court had jurisdiction to enter 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 pronouncem…
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Rooney v. State, 788 So. 2d 248 (Fla. 2001)…LEWIS, J. We have for review Rooney v. State, 756 So. 2d 1100 (Fla. 4th DCA 2000). We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. Rooney challenges his sentence under the Prison Releasee Reoffender Act (the “Act”) on several grounds, many of which have been addressed by this Court. See Grant v. Stat…
Authorities Cited
- Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976)
- Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999)