ALONZO V. LIGHTSEY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
Alonzo Lightsey moved to disqualify the presiding judge several months after he filed his motion for postconviction relief. The motion to disqualify was properly served and the judge did not rule on the motion within the time provided by Florida Rule of Judicial Administration 2.330(j). Under that rule, the motion is therefore deemed granted and petitioner is entitled to reassignment of his postconviction motion to a different judge. See Berube v. State, 978 So.2d 893 (Fla. 2d DCA 2008). We therefore grant the petition and quash the order which denied the motion for disqualification. The cause is remanded to the circuit court with directions that the motion for postconviction relief be reassigned to a different judge.
PETITION GRANTED.
WOLF, KAHN, and THOMAS, JJ., concur.
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Maggie Jo Hilliard, Esq. & the Law Off. of Maggie Jo Hilliard, P.A. v. State, 109 So. 3d 878 (Fla. 1st DCA 2013)…f the court to reassign this case.”). The strictness of the 30-day limit in Rule 2.330(j) is reflected in Schisler, where the trial court’s order issued just one day late. 958 So. 2d at 504. Nonetheless, it was deemed untimely. Of Lightsey v. State, 53 So. 3d 1093, 1093 (Fla. 1st DCA 2011) (order issued “several months” late). In addition, courts have noted that the “burden is on the court, not the litigants, to assure a determination” within that time period. Id.; see Tableau Fine Art Group, 853 So. 2d at 30…
Authorities Cited
- Berube v. State, 978 So. 2d 893 (Fla. 2d DCA 2008)