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Deberry v. Ward

District Court of Appeal of Florida, Fourth District
Oct 27, 1993
625 So. 2d 992 (Fla. Dist. Ct. App. 1993)

Summary

In Deberry v. Ward, 625 So.2d 992 (Fla. 4th DCA 1993), a case factually similar to the present case, the trial judge granted a motion to disqualify.

Summary of this case from Jenkins v. Motorola, Inc.

Opinion

No. 93-2629.

October 27, 1993.

Catherine L. Roselli, Fort Lauderdale, for petitioner.

Phyllis Howard of Phyllis Howard, P.A., Fort Lauderdale, for respondent-David T. DeBerry.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Cecily Robinson-Duffie, Asst. Atty. Gen., Hollywood, for respondent-The Honorable C. Lavon Ward.


Petitioner seeks a writ of prohibition to prevent respondent from entertaining further jurisdiction over her dissolution of marriage action. Pursuant to petitioner's motion for disqualification, respondent recused himself. The case was then reassigned to a different judge. Upon rehearing, respondent reinstated himself, noting that he made a clerical mistake when signing the order to grant the motion to disqualify. A judge may not reconsider his decision to disqualify. State v. Schack, 617 So.2d 832, 833-34 (Fla. 4th DCA 1993). On that basis, we grant petitioner's writ and direct the lower court to transfer the case to another judge.

HERSEY, FARMER and PARIENTE, JJ., concur.


Summaries of

Deberry v. Ward

District Court of Appeal of Florida, Fourth District
Oct 27, 1993
625 So. 2d 992 (Fla. Dist. Ct. App. 1993)

In Deberry v. Ward, 625 So.2d 992 (Fla. 4th DCA 1993), a case factually similar to the present case, the trial judge granted a motion to disqualify.

Summary of this case from Jenkins v. Motorola, Inc.

In Deberry, as here, the judge reinstated himself on rehearing, noting that he had made a mistake by granting the motion to disqualify.

Summary of this case from Miller v. Bell South Phone Company
Case details for

Deberry v. Ward

Case Details

Full title:CINDY A. DEBERRY, PETITIONER, v. THE HONORABLE C. LAVON WARD, JUDGE OF THE…

Court:District Court of Appeal of Florida, Fourth District

Date published: Oct 27, 1993

Citations

625 So. 2d 992 (Fla. Dist. Ct. App. 1993)

Citing Cases

Miller v. Bell South Phone Company

Florida law is clear that once a judge recuses himself or herself for whatever reason, the judge may not…

Jenkins v. Motorola, Inc.

State v. Schack, 617 So.2d 832, 833-34 (Fla. 4th DCA 1993). A trial judge may not reconsider an order of…