DONALD CRAIG GORE v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA DONALD CRAIG GORE, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED. CASE NO. 1D05-5797 STATE OF FLORIDA, Respondent. ______________________________/ Opinion filed October 18, 2006. Petition for Writ of Prohibition/Petition to Invoke All Writs Jurisdiction -- Original Jurisdiction. Donald Craig Gore, pro se, Petitioner. Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. Inasmuch as the trial judge failed to rule on petitioner s motion for disqualification within the 30 day period established by Florida Rule of Judicial Administration 2.160(j), we grant the petition for writ of prohibition. The order denying petitioner s motion for postconviction relief, which was rendered after the filing of the motion for disqualification, is hereby vacated. See Fuster-Escalona v. Wisotsky, 781 So. 2d 1063 (Fla. 2000). On remand, a new judge shall be assigned, with directions to consider the motion for postconviction relief de novo. KAHN, BENTON, and LEWIS, JJ., CONCUR. 2

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