ALVIN T. ADDERLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALVIN T. ADDERLEY, APPELLANT,
STATE OF FLORIDA, APPELLEE
224 So. 3d 776
Florida District Court of Appeal, Fifth District (2017)
Positive Treatment
Cited by 2 cases
Opinion of the Court
Appellant, Alvin T. Adderley, appeals the trial court’s order denying his Motion for Postconviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant argues that the trial judge had previously disqualified himself from the underlying case and thus erred in ruling on Appellant’s motion. We agree. Therefore, we vacate the order under review and remand this case to the trial court so a successor judge can rule on the motion. We note that the State concedes that the order under review “is void and a nullity.”
VACATED and REMANDED.
COHEN, C.J., SAWAYA and WALLIS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Ratley v. State, 275 So. 3d 842 (Fla. 1st DCA 2019)…essor judge can rule on the motion. See Davis v. State, 849 So. 2d 1137, 1138 (Fla. 1st DCA 2003) (“Once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.”); Adderley v. State, 224 So. 3d 776 (Fla. 5th DCA 2017). VACATED and REMANDED. RAY, C.J., and B.L. THOMAS and WINOKUR, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _________________…