STEPHEN WEISS, APPELLANT,
v.
MIAMI NATIONAL BANK, A NATIONAL BANKING ASSOCIATION, ET AL., APPELLEES

Fla. 4th DCA | 1975-10-10
No. 75-652
CROSS, OWEN and MAGER, JJ., concur.
320 So. 2d 466 Florida District Court of Appeal, Fourth District (1975) Positive Treatment
Cited by 5 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon review of the record on appeal and after consideration of the briefs and oral argument of counsel for the respective parties, we determine that the order entitled “Partial Summary Judgment and Ruling on Other Pending Motions” bearing date March 6, 1975 is void, the order having been entered by the judge subsequent to his disqualification herein. Accordingly, the order appealed is vacated and set aside as a nullity, and the cause remanded for further proceedings.

Reversed and remanded.

CROSS, OWEN and MAGER, JJ., concur.


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  • Holman v. State, 347 So. 2d 832 (Fla. 3d DCA 1977)
    …sel is shown to have had prior knowledge of the possibility of a witness testifying, even though the witness is not listed by name, it is not error to permit the witness to testify. Cooper v. State, supra; Pizzo v. State, supra; Armbrister v. State, 320 So. 2d 466 (Fla. 3rd D.C.A. 1975); Savinon v. State, 277 So. 2d 58 (Fla. 3rd D.C.A. 1973). Finally, defendant asserts that the trial court committed additional error in refusing to allow a continuance so that defense counsel might revise his closing argument.…
  • Schwartz v. Schwartz, 431 So. 2d 716 (Fla. 3d DCA 1983)
    …trial judge recuses himself, further orders thereafter are void, Rogers v. State, 341 So. 2d 196 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 953 (Fla.1977); Gilmer v. Shell Oil Co., 324 So. 2d 171 (Fla. 2d DCA 1975); Weiss v. Miami National Bank, 320 So. 2d 466 (Fla. 4th DCA 1975), it is also the rule that a trial judge who recuses himself has the authority to enter final judgments on issues already tried, Coastal Petroleum Co. v. Mobil Oil Corp., 378 So. 2d 336 (Fla. 1st DCA), cert. denied, 386 So. 2d 635…
  • Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003)
    …enters in that case are void and have no effect. See Haverty v. State, 830 So. 2d 264 (Fla. 5th DCA 2002); Thomas v. State, 756 So. 2d 217 (Fla. 4th DCA 2000); Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999); Weiss v. Miami Nat’l Bank, 320 So. 2d 466 (Fla. 4th DCA 1975). In the instant case, Judge Buttner recused himself on February 5, 2002. He lacked authority to make any further rulings on the case after that date. The order denying Davis’ motion for rehearing some six months later is therefor…

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