DOLORES ALEMAN-BARRIERA, APPELLANT,

v.

LARRY K. HOOPER, CPA, PA., AND FLORIDA UNEMPLOYMENT APPEALS COMMISSION, APPELLEES

Citator

Cited By

• Johnson v. State, 968 So. 2d 61 (Fla. 4th DCA 2007)
  …nson supplied this court with a copy of Judge Mak-emson’s order dated August 28, 2007, reassigning the case to another judge. Thus, his efforts to disqualify Judge Makemson in this case too are now moot. . There are exceptions. See Tobkin v. State, 889 So. 2d 120 (Fla. 4th DCA 2004) (holding that trial judge’s failure to rule on recusal motion within thirty days after it was filed did not require judge's automatic recusal, where court clerk’s office mistakenly failed to forward motion to judge, the movant ha…
• The Leila Corp. OF ST. Pete v. Fareed Ossi & Ossi Consulting Eng'rs, Inc., 144 So. 3d 644 (Fla. 2d DCA 2014)
  …s transmitted a copy of a proposed order of disqualification to him. The reason for the rule requiring service of a motion to disqualify on the judge is to insure that the judge is actually aware of the existence of the motion. See Tobkin v. State, 889 So. 2d 120, 122 (Fla. 4th DCA 2004). In this case, Judge Barton was not actually aware of the existence of the motion until over thirty days after it had been filed. This was due to the means of service chosen by the petitioners, which was not only actually in…
• Overcash v. Overcash, 91 So. 3d 254 (Fla. 5th DCA 2012)
  …o objects that Petitioner did not file the affidavit of delivery by the process server until after the judge had ruled on the motion to disqualify, but that fact is of no significance. Service is the issue, not proof of service. See Tobkin v. State, 889 So. 2d 120, 122 (Fla. 4th DCA 2004) (reference to Florida Rule of Civil Procedure 1.080 in Rule 2.330(c) “requires service in a manner designed to notify the judge of the existence of the motion”); cf. Marquez v. State, 11 So. 3d 975, 976 (Fla. 3d DCA 2009) (d…

Authorities Cited

• Baber v. Fla. Keyes Child's. Shelter, Inc., 701 So. 2d 125 (Fla. 3d DCA 1997)
• Sanchez v. State, 871 So. 2d 1069 (Fla. 3d DCA 2004)
• Jonna S. Reaves v. ANC Rental Corp., 871 So. 2d 1069 (Fla. 3d DCA 2004)