IN RE T/U/W ALBERT POLLAK, DECEASED. PATRICIA POLLAK WEISS, PETITIONER,
v.
PHYLLIS POLLAK BERKETT, INDIVIDUALLY AND AS THE SUCCESSOR INTERIM TRUSTEE OF THE TRUSTS UNDER THE WILL OF ALBERT POLLAK, DECEASED, RESPONDENT
IN RE T/U/W ALBERT POLLAK, DECEASED. PATRICIA POLLAK WEISS, PETITIONER,
PHYLLIS POLLAK BERKETT, INDIVIDUALLY AND AS THE SUCCESSOR INTERIM TRUSTEE OF THE TRUSTS UNDER THE WILL OF ALBERT POLLAK, DECEASED, RESPONDENT
816 So. 2d 1142
Florida District Court of Appeal, Third District (2002)
Positive Treatment
Cited by 11 cases
Opinion of the Court
PER CURIAM.
Because the Verified Motion for Disqualification was legally sufficient and timely, Judge Maria M. Korvick should have withdrawn from the case. We grant the petition for writ of prohibition, but are confident that it will not be necessary to issue the writ. See Royal Caribbean Cruises, Ltd. v. Doe, 767 So. 2d 626 (Fla. 3d DCA 2000).
Prohibition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Petscher v. State, 936 So. 2d 639 (Fla. 5th DCA 2006)…scher’s claim, which impedes us from properly determining whether Petscher or the trial court is correct. In these instances, this court and others have consistently held that reversal and remand is the appropriate remedy.4 In Brown v. [*642] State, 816 So. 2d 1142 (Fla. 5th DCA 2002), for example, we held: Brown appeals from the trial court’s denial of his post-conviction motion filed pursuant to Florida Rule of Criminal Procedure 3.800(a), in which he seeks jail time credit against his sentence. He alleges…1 / 2
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Cheatum v. State, 992 So. 2d 877 (Fla. 5th DCA 2008)…] conclusively refute Cheatum’s claim.2 Accordingly, we reverse and remand with instructions that the court either grant the motion, if appropriate, or attach copies of those portions of the record that support its denial. See, e.g., Brown v. State, 816 So. 2d 1142 (Fla. 5th DCA 2002). “If the claim cannot be resolved from the face of the record without resorting to fact-finding, [defendant] must file a timely motion for postconviction relief under Florida Rule of Criminal Procedure 3.850.” Petscher v. State,…
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Weiss v. Berkett, 907 So. 2d 1181 (Fla. 3d DCA 2005)…1 (Fla. 3d DCA 1992); Weiss v. Courshon, 618 So. 2d 255 (Fla. 3d DCA 1993); Weiss v. Courshon, 627 So. 2d 604 (Fla. 3d DCA 1993); Weiss v. Courshon, 768 So. 2d 2 (Fla. 3d DCA 2000); Weiss v. Berkett, 785 So. 2d 1248 (Fla. 3d DCA 2001); In re Pollak, 816 So. 2d 1142 (Fla. 3d DCA 2002); Weiss v. Berkett, 827 So. 2d 383 (Fla. 3d DCA 2002); Weiss v. Berkett, 835 So. 2d 283 (Fla. 3d DCA 2002), reh'g denied en banc (Jan. 31, 2003), rev. denied, 851 So. 2d 730 (Fla.2003), cert. denied, 540 U.S. 1110, 124 S.Ct. 1078,…1 / 2
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- Royal Caribbean Cruises, Ltd. v. Jane DOE and her spouse, 767 So. 2d 626 (Fla. 3d DCA 2000)