THOMAS A. SHERROD, PETITIONER,
v.
LYNETTE BERG, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Once a trial judge enters an order of disqualification under Florida Rule of Judicial Administration 2.160, the judge is prohibited from further participation in the case, and an administrative judge lacks authority to overrule that disqualification order.
Once a judge enters a valid order of disqualification, the judge is prohibited from any further participation in the case, and an administrative judge lacks authority to overrule that disqualification order.
[1] An administrative judge or chief judge lacks appellate jurisdiction to overrule a trial judge's order of disqualification entered under Florida Rule of Judicial Administr…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Once an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case.”
Court's statement of controlling law regarding judicial disqualification
Thomas A. Sherrod, a trial judge, moved for his own disqualification under Florida Rule of Judicial Administration 2.160, and Judge Roger J. McDonald …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Recusal cases and more on FLexlaw
ORFINGER, J.
On the motion of Thomas A. Sherrod, the trial judge, the Honorable Roger J. McDonald, entered an order of disqualification pursuant to Florida Rule of Judicial Administration 2.160 and referred the matter to the administrative judge for reassignment. Subsequently, the administrative judge reviewed Sherrod’s motion for disqualification and concluded that it was legally insufficient. As a result, the administrative judge reassigned the matter back to Judge McDonald. Sherrod now petitions this court for a writ of prohibition, precluding Judge McDonald from further participation in the matter. Once an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. Lea v. Wigton, 705 So. 2d 723, 723 (Fla. 5th DCA 1998); Dream Inn, Inc. v. Hester, 691 So. 2d 555, 556 (Fla. 5th DCA 1997). Additionally, the administrative judge was without authority to overrule Judge McDonald’s original order of disqualification. A chief judge or an administrative judge has no appellate jurisdiction over the cases filed in his or her court. Fla. R. Jud. Admin. 2.050(b).
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.
PALMER and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- 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)