RACHEL BERRY, FORMER WIFE, APPELLANT,
v.
BRET M. BERRY, FORMER HUSBAND, APPELLEE
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.
Rachel Berry appealed an order denying her motion to vacate a final judgment of dissolution of marriage and marital settlement agreement. The appellate court had previously granted a writ of prohibition finding the trial judge was disqualified due to an improper ex parte conference, and this decision addresses the proper procedure for reconsidering the disqualified judge's rulings.
Pursuant to Florida Rule of Judicial Administration 2.330(h), the former wife must file a motion requesting the successor judge to reconsider the disqualified judge's order within 20 days of the disqualification order, unless good cause is shown for delay. The case is remanded to allow the former wife this opportunity.
[1] A successor judge may reconsider and vacate or amend prior factual or legal rulings of a disqualified judge upon a motion for reconsideration filed within 20 days of the…
[2] A party must seek relief from a disqualified judge's prior rulings by filing a motion with the successor judge.
Previewing 2 of 4 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“[p]rior factual- or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist.”
Establishes the rule governing how successor judges handle prior rulings of disqualified judges
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceRachel Berry, the former wife, sought to vacate the final judgment of dissolution of marriage and the parties' marital settlement agreement. During a …
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 Motion To Set Aside Marital Settlement Agreement cases and more on FLexlaw
This is an appeal from an order denying former wife’s motion to vacate the final judgment of dissolution of marriage and set aside the parties’ marital settlement agreement. While this appeal was pending, this court granted former wife’s petition for writ of prohibition upon finding that an ex parte conference held by the judge during the hearing on former wife’s motion to vacate constituted a legally sufficient basis for the judge’s disqualification. Berry v. Berry, 139 So.3d 508 (Fla. 1st DCA 2014). The court remanded with instructions that a new judge be assigned to hear further proceedings in this matter. Id. Florida Rule of Judicial Administration 2.330(h) provides that “[pjrior factual- or legal rulings by a disqualified judge may be reconsidered and vacated or amended by a successor judge based upon a motion for reconsideration, which must be filed within 20 days of the order of disqualification, unless good cause is shown for a delay in moving for reconsideration or other grounds for reconsideration exist.” Pursuant to this rule, we believe the proper procedure in this ease is for former wife to seek relief by filing a motion requesting the successor judge to reconsider the disqualified judge’s order. See Weiss v. Berkett, 907 So.2d 1181 (Fla. 3d DCA 2005); Doe ex rel. Doe v. Publix Super Markets, Inc., 814 So.2d 1249, 1251 (Fla. 2d DCA 2002); Berry v. Berry, 765 So.2d 855, 858 (Fla. 5th DCA 2000); Robbins v. Robbins, 742 So.2d 395, 397 (Fla. 2d DCA 1999); Schlesinger v. Chemical Bank, 707 So.2d 868, 869 (Fla. 4th DCA 1998). Because former wife cannot file such a motion while this appeal is pending, we remand with directions that former -wife be given the opportunity to file a rule 2.330(h) motion within twenty days o'f the issuance of this court’s mandate.
REMANDED.
LEWIS, C.J., VAN NORTWICK and SWANSON, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Berry v. Berry, 765 So. 2d 855 (Fla. 5th DCA 2000)
- Schlesinger v. Chem. Bank & G & E II Holding Corp., 707 So. 2d 868 (Fla. 4th DCA 1998)
- Robbins v. Robbins, 742 So. 2d 395 (Fla. 2d DCA 1999)
- DOE v. Publix Super Mkts., Inc., 814 So. 2d 1249 (Fla. 2d DCA 2002)
- Weiss v. Berkett, 907 So. 2d 1181 (Fla. 3d DCA 2005)
- Berry v. Berry, 139 So. 3d 508 (Fla. 1st DCA 2014)
- Veal v. State, 139 So. 3d 508 (Fla. 1st DCA 2014)