Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003). · Go Syfert
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Davis v. State, 849 So. 2d 1137 (Fla. 1st DCA 2003). Cases Citing This Book View Copy Cite
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cited 4× by 4 distinct cases, 2011–2019 · …once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect. at p. 1138 ✓ Topic ↗
11 citation events (11 in the last 25 years) across 1 distinct court.
Strongest positive: Michael Steven Ratley v. State of Florida (fladistctapp, 2019-07-16)
Top citers, strongest first. 8 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Michael Steven Ratley v. State of Florida
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.
discussed Cited as authority (quoted) Ratley v. State
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.
discussed Cited as authority (quoted) Ratley v. State
Fla. Dist. Ct. App. · 2019 · signal: see · quote attribution · 1 verbatim quote · confidence high
once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.
discussed Cited as authority (rule) Earl Raymond Campos v. Joana Campos (2×)
Fla. Dist. Ct. App. · 2017 · confidence medium
Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003).
discussed Cited as authority (rule) Lance Block, P.A. v. Searcy, Denney, Scarola, Barnhart & Shipley, P.A.
Fla. Dist. Ct. App. · 2012 · confidence medium
The basic rule is clear: “Once a trial judge *1124 recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.” Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003).
discussed Cited as authority (rule) Carson v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
“Once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.” Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003); Bolt v. Smith, 594 So.2d 864, 864 (Fla. 5th DCA 1992).
cited Cited as authority (rule) Miller v. Bell South Phone Co.
Fla. Dist. Ct. App. · 2003 · confidence medium
Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003); Meaweather v. State, 732 So.2d 499, 500 (Fla. 1st DCA 1999).
discussed Cited "see" Goolsby v. State
Fla. Dist. Ct. App. · 2005 · signal: see · confidence high
Jenkins v. Motorola, Inc., 911 So.2d 196 (Fla. 3d DCA 2005); see Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003); Haverty v. State, 830 So.2d 264 (Fla. 5th DCA 2002); Thomas v. State, 756 So.2d 217 (Fla. 4th DCA 2000).
Retrieving the full opinion text from the archive…
William David DAVIS, Appellant,
v.
STATE of Florida, Appellee.
1D02-3740.
District Court of Appeal of Florida, First District.
Jul 17, 2003.
849 So. 2d 1137
2003 WL 21663981
Per Curiam.
Cited by 10 opinions  |  Published
1 passages pin-cited by 2 cases
Pinpoint authority: #44,628 of 633,719
Citer courts: District Court of Appeal of Fl… (2)

Appellant, pro se.

[*1138] Charlie Crist, Attorney General and Elizabeth Fletcher Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The appellant, William Davis, appeals the denial of his rule 3.850 motion, which was based on alleged newly discovered evidence that defense counsel had failed to relay a plea offer to him. We reverse and remand the case due to a fatal procedural error on the rehearing motion; for this reason, we do not reach the merits of the appeal.

The motion was originally assigned to Judge Frederic Buttner, but Judge Buttner recused himself from the case by order of February 5, 2002. The motion was then assigned to Judge William Wilkes. Following an evidentiary hearing, Judge Wilkes denied the motion on July 26, 2002. On August 12, 2002, Davis filed a motion for rehearing. The motion was apparently assigned to Judge Buttner, although he had previously recused himself from Davis' case. Judge Buttner entered an order denying rehearing on August 13, 2002. Davis argues on appeal that it was reversible error for a recused judge to rule on his motion for rehearing. We agree and reverse.

Once a trial judge recuses himself from a given case, any subsequent orders he 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 therefore a nullity. Thus, we are constrained to reverse, to assure that due process is afforded to Davis. The case is remanded with directions that the chief judge of the circuit appoint a different judge to consider and rule on Davis' motion for rehearing. See Thomas, supra, at 217; Meaweather, supra, at 500; Haverty, supra, at 264; Stokes v. State, 756 So.2d 1100 (Fla. 4th DCA 2000).

Reversed and Remanded.

WEBSTER, PADOVANO and POLSTON, JJ., concur.