SONIA S. COLLADO, PETITIONER,
v.
HERIBERTO COLLADO, RESPONDENT
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An order entered by a judge after being disqualified is void, and a petition for writ of prohibition is the proper remedy to quash such an order.
A judge entered an order setting aside a prior recusal order after the judge had already been disqualified from the case. The petitioner sought review…
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PER CURIAM.
The Petition for Writ of Prohibition seeking review of the “Order Setting Aside Recusal Order ...” is granted. As this court explained in Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998):
[O]nce an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. Dream 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.
Accordingly, we grant the petition for writ of prohibition, quash the order setting aside the recusal order, and remand this case for assignment to a different trial judge.
PETITION GRANTED; ORDER QUASHED.
SAWAYA, C.J., GRIFFIN and THOMPSON, JJ., concur. . An exception exists in instances where the trial court orally announces its ruling, subsequently enters an order of recusal, and thereafter performs the ministerial act of simply entering a written order or judgment reflecting its prior oral ruling. See Fischer v. Knuck, 497 So. 2d 240 (Fla.1986); Velasquez v. Rueda, 777 So. 2d 1185 (Fla. 5th DCA 2001). This case does not fit within this exception.
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Richard Plaza v. Marie Plaza, 21 So. 3d 181 (Fla. 3d DCA 2009)…la. 3d DCA 2009) (reversing an order issued by the same judge who issued the instant order after the judge had recused himself, finding that “[o]nce the trial judge recused himself, he had no further authority to enter orders”); Colla-do v. Collado, 858 So. 2d 1255, 1255 (Fla. 5th DCA 2003) (granting petition for writ of prohibition and quashing the order under review; finding that because the order was entered after the trial judge had been disqualified, it was void); State ex rel. Cobb v. Bailey, 349 So. 2d…
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Ross v. Ross, 77 So. 3d 238 (Fla. 4th DCA 2012)…. 3d 181 (Fla. 3d DCA 2009). Generally, a disqualified judge is barred from further participation in the case. See, e.g., Goolsby v. State, 914 So. 2d 494 (Fla. 5th DCA 2005); Sherrod v. Berg, 865 So. 2d 689 (Fla. 5th DCA 2004); Collado v. Collado, 858 So. 2d 1255 (Fla. 5th DCA 2003). Moreover, an order entered by a disqualified trial judge is void. Jenkins v. Motorola, Inc., 911 So. 2d 196, 197 (Fla. 3d DCA 2005) (citing Stimpson Computing Scale Co. v. Knuck, 508 So. 2d 482 (Fla. 3d DCA 1987)). The exceptio…
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Collado v. Heriberto Collado, 864 So. 2d 1287 (Fla. 5th DCA 2004)…tion of marriage entered on February 4, 2003. The trial judge entered an amended judgment after setting aside a January 4, 2002 recu-sal order. However, this court quashed the order setting aside the recusal on November 14, 2003. Collado v. Collado, 858 So. 2d 1255 (Fla. 5th DCA 2003). Because the amended judgment was entered by the disqualified judge, we vacate the February 4, 2003 amended judgment and remand for further proceedings to be conducted by a different trial judge. REVERSED AND REMANDED. SAWA…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Anne Marie Fischer v. Honorable Francis X. Knuck, 497 So. 2d 240 (Fla. 1986)
- Richard A. Bolt, M.D. v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992)
- Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999)
- State v. The Honorable Larry Schack, 617 So. 2d 832 (Fla. 4th DCA 1993)
- Dream INN, Inc. v. Adrine Hester and Roy Hester, 691 So. 2d 555 (Fla. 5th DCA 1997)
- LEA v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998)
- Gulf Props. OF Ala., Inc. v. Jerrie B. Bower, 625 So. 2d 992 (Fla. 1st DCA 1993)
- Deberry v. The Honorable C. Lavon Ward, 625 So. 2d 992 (Fla. 4th DCA 1993)
- Velasquez v. Rueda, 777 So. 2d 1185 (Fla. 5th DCA 2001)