EDWARD MILLER, APPELLANT,
v.
BELL SOUTH PHONE COMPANY & KEMPER NATIONAL SERVICES, APPELLEES
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A judge who recuses themselves cannot later reconsider that decision and reassert control over the case.
The claimant appealed a final order denying his workers' compensation claim. The judge of compensation claims (JCC) had previously recused herself, th…
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In this workers’ compensation appeal, Edward Miller, claimant below, appeals a final order denying compensability of his claim. Claimant argues that, because the final order was entered after the judge of compensation claims (JCC) reversed an earlier order recusing herself and reasserted control over the case, the order denying compensation is void and without effect. We agree and reverse.
Florida law is clear that once a judge recuses himself or herself for whatever reason, the judge may not thereafter reconsider the recusal decision and reassert judicial authority over the case. Deberry v. Ward, 625 So. 2d 992, 993 (Fla. 4th DCA 1993). In Deberry, as here, the judge reinstated himself on rehearing, noting that he had made a mistake by granting the motion to disqualify. “A judge may not reconsider his decision to disqualify.” Id. at 993 (citing State v. Schack, 617 So. 2d 832, 833-34 (Fla. 4th DCA 1993)); accord Margulies v. Margulies, 528 So. 2d 957, 960 (Fla. 3d DCA 1988)(“once a trial judge disqualifies himself, he may not ‘re-qualify’ himself on removal of the reason for disqualification.”).
The JCC’s order denying compensability must be reversed as void and without effect because the JCC, having previously recused herself, was without jurisdiction to enter an order on the merits of the case. Davis v. State, 849 So. 2d 1137, 1138 (Fla. 1st DCA 2003); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999). Accordingly, this cause is REVERSED and REMANDED with directions that this case be reassigned to another judge of compensation claims.
PADOVANO and HAWKES, JJ., concur.
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Franxman v. Franxman (Fla. 1st DCA 2024)…PER CURIAM. The Court grants the petition for writ of prohibition and quashes the trial court order vacating and setting aside the order of disqualification. See Miller v. Bell S. Phone Co., 860 So. 2d 523, 523 (Fla. 1st DCA 2003). LEWIS, ROWE, and BILBREY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Ross A. Keene, Pens…
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Day v. Sec'y, Dep't of Corr. (M.D. Fla. 2021)…Wilkes found Day’s motion to disqualify legally sufficient and recused “himself from any further proceedings in this cause.” Id. at 100. As such, Judge Wilkes was prohibited from presiding over Day’s resentencing. See Miller v. Bell South Phone Co., 860 So. 2d 523, 523 (Fla. 1st DCA 2003) (“Florida law is clear that once a judge recuses himself or herself for whatever reasons, the judge may not thereafter reconsider the recusal decision and reassert judicial authority over the case.”). Second, as the circuit…
Authorities Cited
- Margulies v. Margulies, 528 So. 2d 957 (Fla. 3d DCA 1988)
- Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999)
- Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)
- State v. The Honorable Larry Schack, 617 So. 2d 832 (Fla. 4th DCA 1993)
- 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)