Collado v. Collado

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA JULY TERM 2003 FIFTH DISTRICT SONIA S. COLLADO, Petitioner, CASE NO.: 5D03-2042 v. HERIBERTO COLLADO, Respondent. ______________________________/ Opinion filed November 14, 2003 Petition for Writ of Prohibition, Walter Komanski, Respondent Judge. Richard J. D Amico, Daytona Beach, for Petitioner. No Appearance for Respondent. PER CURIAM. The Petition for Writ of Prohibition seeking review of the Order Setting Aside Recusal Order . . . is granted. As this court explained in Lea v. Wigton, 705 So. 2d 723 (Fla. 5th DCA 1998): [O]nce an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. Dream Inn, Inc. v. Hester, 691 So. 2d 555, 556 (Fla. 5th DCA 1997). As a result, any order entered by a judge after that judge has been disqualified is void. Bolt v. Smith, 594 So. 2d 864 (Fla. 5th DCA 1992). Id. at 723; see also Meaweather v. State, 732 So. 2d 499 (Fla. 1st DCA 1999); Deberry v. Ward, 625 So. 2d 992 (Fla. 4th DCA 1993); State v. Schack, 617 So. 2d 832 (Fla. 4th DCA 1993).1 Therefore, we find the petitioner has met the burden to establish a legally sufficient basis for disqualification. Accordingly, we grant the petition for writ of prohibition, quash the order setting aside the recusal order, and remand this case for assignment to a different trial judge. PETITION GRANTED; ORDER QUASHED. SAWAYA, C.J., GRIFFIN and THOMPSON, JJ., concur. 1 An exception exists in instances where the trial court orally announces its ruling, subsequently enters an order of recusal, and thereafter performs the ministerial act of simply entering a written order or judgment reflecting its prior oral ruling. See Fischer v. Knuck, 497 So. 2d 240 (Fla. 1986); Velasquez v. Rueda, 777 So. 2d 1185 (Fla. 5th DCA 2001). This case does not fit within this exception. 2

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