EMMET BLACK, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2005-11-09
No. 4D05-2416
STEVENSON, C.J., STONE and SHAHOOD, JJ., concur.
914 So. 2d 494 Florida District Court of Appeal, Fourth District (2005) Positive Treatment
Cited by 11 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. State v. Williams, 854 So. 2d 215, 217 (Fla. 1st DCA 2003); McCraney v. State, 830 So. 2d 262 (Fla. 5th DCA 2002); Wiley v. State, 604 So. 2d 6, 7 (Fla. 1st DCA 1992); Ferenc v. State, 563 So. 2d 707 (Fla. 1st DCA 1990).

STEVENSON, C.J., STONE and SHAHOOD, JJ., concur.


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Cited By (11 total)

  • Berube v. State, 978 So. 2d 893 (Fla. 2d DCA 2008)
    …a. 4th DCA 2007); Schisler, 958 So. 2d at 504. Because the motion to disqualify was deemed granted under the rule, the post-conviction court had no authority to hear and determine Mr. Berube’s motion for postconviction relief. See Goolsby v. State, 914 So. 2d 494, 496 (Fla. 5th DCA 2005); Jenkins v. Motorola, Inc., 911 So. 2d 196, 197 (Fla. 3d DCA 2005). Accordingly, we reverse the order denying Mr. Berube’s postconviction motion, and we remand for further proceedings on the motion. On remand, the case shall…
  • Rodriguez v. Fernwoods Condo. Ass'n # 2, Inc., 957 So. 2d 1201 (Fla. 3d DCA 2007)
    …appeal of the March 29 order permitting Octubre to intervene and staying collection and their certiorari petition challenging the propriety of that same order. As the following eases establish, the March 29 order must be reversed:3 Goolsby v. State, 914 So. 2d 494, 496 (Fla. 5th DCA 2005) (concluding that “any order entered simultaneously with an order of recusal ... [is] void and [has] no effect”); Barnett Bank of South Florida, N.A. v. Tarr, 557 So. 2d 595, 595-96 (Fla. 4th DCA 1990) (holding that an order…
  • Lance Block, P.A. v. Searcy, 85 So. 3d 1122 (Fla. 1st DCA 2012)
    …The basic rule is clear: “Once a trial judge [*1124] recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.” Davis v. State, 849 So. 2d 1137, 1138 (Fla. 1st DCA 2003). See also Goolsby v. State, 914 So. 2d 494, 496-97 (Fla. 5th DCA 2005) (“Any order entered by a recused judge is void. A void order has no force or effect and is a nullity.” (citations omitted)).2 Outside the parties’ presence, both orders in the present case were signed and filed on the sam…

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