JAMES FORNEY
v.
STATE OF FLORIDA
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A motion to disqualify a trial judge is ineffective and does not void subsequent orders when the movant fails to serve the motion on the judge as required by Florida Rules of Judicial Administration.
[1] A motion to disqualify a trial judge must be served on the judge to be effective, and failure to serve renders the motion ineffective and does not void subsequent court o…
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Join FLexlaw to unlock all legal intelligenceForney filed a successive Rule 3.850 motion for post-conviction relief in connection with a criminal conviction. He also filed a motion to disqualify …
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Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ilona M. Holmes, Judge; L.T. Case No. 04-990 CF10A. James Forney, Raiford, pro se. No appearance required for appellee. PER CURIAM.
We affirm the summary denial of appellant’s successive rule 3.850 motion for post-conviction relief. We write only to address appellant’s claim that the orders entered after he filed a motion to disqualify the trial judge were void. This claim is meritless because appellant failed to serve the motion on the judge. See Fla. R. Jud. Admin. 2.330(c), (j); Braddy v. State, 111 So. 3d 810, 833 (Fla. 2012); Hedrick v. State, 6 So. 3d 688, 693 (Fla. 4th DCA 2009). Affirmed. WARNER, CIKLIN and KUNTZ, JJ., concur. * * * Not final until disposition of timely filed motion for rehearing.
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Citator
Authorities Cited
- Harrel Franklin Braddy v. State, 111 So. 3d 810 (Fla. 2012)
- Hedrick v. State, 6 So. 3d 688 (Fla. 4th DCA 2009)