ORLANDO SPORTS STADIUM, INC., ET AL., APPELLANTS,
v.
SENTINEL STAR COMPANY, A DELAWARE CORPORATION, ET AL., APPELLEES
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The court vacated the trial court's denial of a motion to disqualify the judge, finding the disqualification application legally sufficient, and remanded for entry of a disqualification order and reassignment.
An application for disqualification of a trial judge that is legally sufficient requires the judge's disqualification, and all subsequent orders entered by that judge are void.
[1] When an application for disqualification of a trial judge is legally sufficient, all judgments and orders entered by that judge subsequent to the application are void and…
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Join FLexlaw to unlock all legal intelligenceOrlando Sports Stadium, Inc. filed an application for disqualification of the trial judge, which the trial court denied. The trial court then entered …
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Upon a careful review of the record in this case and an analysis of the applicable authorities we conclude that the application for disqualification was sufficient as a matter of law to require disqualification of the trial judge. State v. Parks, 1939, 141 Fla. 516, 194 So. 613; Mank v. Hendrickson, Fla.App.1967, 195 So.2d 574; Brewton v. Kelly, Fla.App.1964, 166 So.2d 834; State v. Cannon, Fla.App.1964, 166 So.2d 625; Dickenson v. Parks, 1932, 104 Fla. 577, 140 So. 459; Crosby v. State, Fla.1957, 97 So.2d 181; State v. Dewell, 1938, 131 Fla. 566, 179 So. 695; Vaughn v. State, Fla.App.1969, 226 So.2d 443. Cf. Hahn v. Frederick, Fla.1953, 66 So.2d 823. Having determined that an order of disqualification should have been entered it follows that the judgments and orders of the trial court entered subsequent thereto were without authority. Crosby v. State, supra; Vaughn v. State, supra.
Accordingly, the order denying suggestion for disqualification and all judgments and orders subsequent thereto including the *84final judgment are hereby vacated and set aside. The cause is remanded for the1 entry of an order of disqualification and reassignment in accordance with appropriate procedure and for such further action as is consistent herewith.
Reversed and remanded.
WALDEN, OWEN and MAGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Orlando Sports Stadium, Inc. v. Sentinel Star Co., 316 So. 2d 607 (Fla. 4th DCA 1975)…e days before instituting such action, serve notice in writing on defendant, specifying the article, and the statements therein, which he alleges to be false and defamatory.” . Orlando Sports Stadium, Inc. v. Sentinel Star Company, (Fla.App., 1973) 273 So. 2d 83. . Brennan v. Board of Public Instruction of Broward County (Fla.App., 1971) 244 So. 2d 463. . Jones v. Seaboard Coast Line Railroad Company (Fla.App., 1974) 297 So. 2d 861.…
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Cobo v. Pepper, 779 So. 2d 599 (Fla. 3d DCA 2001)…d have granted the ore tenus recusal motion, the judge’s subsequent rulings, including the summary judgment, were without authority and are hereby vacated. Crosby v. State, 97 So. 2d 181 (Fla.1957); Orlando Sports Stadium, Inc. v. Sentinel Star Co., 273 So. 2d 83 (Fla. 4th DCA), cert. denied, 277 So. 2d 534 (Fla.1973). On remand, we respectfully advise the trial judge to whom this case is assigned to treat this matter expeditiously in view of the implications of the issues involved. This opinion shall take e…
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Sentinel Star Co. v. Orlando Sports Stadium, Inc., 277 So. 2d 534 (Fla. 1973)…Certiorari denied. 273 So. 2d 83. ROBERTS, Acting C. J., and ERVIN, ADKINS and DEKLE, JJ., concur. BOYD and McCAIN, JJ., dissent.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State ex rel. Thomas E. Davis v. Parks, 141 Fla. 516 (Fla. 1939)
- State v. Dewell, 131 Fla. 566 (Fla. 1938)
- Dickenson v. Parks, 104 Fla. 577 (Fla. 1932)
- Atl. Coast Line R.R. Co. v. Holmes, 141 Fla. 595 (Fla. 1940)
- Crosby v. State, 97 So. 2d 181 (Fla. 1957)
- Hahn v. Frederick, 66 So. 2d 823 (Fla. 1953)
- Brewton v. Kelly, 166 So. 2d 834 (Fla. 2d DCA 1964)
- State of Fla. ex rel. A. Paul Jensen v. Honorable Pat Cannon, 166 So. 2d 625 (Fla. 3d DCA 1964)
- Miles B. Mank II v. Hendrickson, 195 So. 2d 574 (Fla. 4th DCA 1967)
- Vaughn v. State, 226 So. 2d 443 (Fla. 3d DCA 1969)