SHAHEED HAMILTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Hedrick v. State, 6 So. 3d 688 (Fla. 4th DCA 2009)
  …r service of the motion as required by Rule 2.330(c). None of the motions to disqualify were ever served on the judge as required by Rule 2.330(c). Thus, the motion was not deemed automatically granted by operation of the rule. See Johnson v. State, 968 So. 2d 61, 63 n. 2 (Fla. 4th DCA 2007). The defendant was not entitled to have his meritless claims considered by another judge. Claims Denied After Evidentiary Hearing The defendant argues that trial counsel was ineffective in not seeking to have his shack…
• Letterese v. Brody, 985 So. 2d 597 (Fla. 4th DCA 2008)
  …orida Supreme Court has held that a district court errs in entering an order of prohibition without permitting the trial judge to ascertain whether to disqualify him or herself. Kelly v. Scussel, 167 So. 2d 870 (Fla.1964). See also Johnson v. State, 968 So. 2d 61, 62 (Fla. 4th DCA 2007) (finding that a petition for writ of prohibition filed before the court has ruled on the motion to disqualify may be found “premature”). Even though the petition in this case was “premature,” the trial court subsequently den…
• Marquez v. State, 11 So. 3d 975 (Fla. 3d DCA 2009)
  …thirty days, “the motion shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.” Fla. R. Jud. Admin. 2.330(j); see Berube v. State, 978 So. 2d 893 (Fla. 2d DCA 2008); Johnson v. State, 968 So. 2d 61 (Fla. 4th DCA 2007); Schisler v. State, 958 So. 2d 503 (Fla. 3d DCA 2007); see also Tableau Fine Art Group, Inc. v. Jacoboni, 853 So. 2d 299 (Fla.2003). We deny the petition because the defendant’s motion does not contain a certificate of service s…

Authorities Cited

• Sherwood v. State, 745 So. 2d 378 (Fla. 4th DCA 1999)
• Dep't OF Revenue v. Novoa, 745 So. 2d 378 (Fla. 1st DCA 1999)