WILLIAM D. HAVERTY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
WILLIAM D. HAVERTY, APPELLANT,
STATE OF FLORIDA, APPELLEE
830 So. 2d 264
Florida District Court of Appeal, Fifth District (2002)
Positive Treatment
Cited by 4 cases
Opinion of the Court
PER CURIAM.
In this appeal of an order denying Rule 3.800(a) relief, the State concedes that the trial judge did not have the authority to render the order being appealed, having previously recused himself from the appellant’s underlying case. Therefore, we vacate the order denying appellant’s motion to correct illegal sentence and remand the case to the trial court for reassignment. See Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA1999).
REVERSED AND REMANDED.
SHARP, W„ HARRIS and GRIFFIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)…s reversible error for a recused judge to rule on his 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…
-
Goolsby v. State, 914 So. 2d 494 (Fla. 5th DCA 2005)…e order of recusal, as well as any subsequent orders 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…
Authorities Cited
- Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999)