Filed: Jan. 07, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-356 _ RICKY SWEET, Appellant, v. ALICIA MONIQUE TUCKER, Appellee. _ On appeal from the Circuit Court for Gadsden County. Francis Allman, Judge. January 7, 2019 B.L. THOMAS, C.J. On December 20, 2017, the trial court issued an order of recusal in Appellant’s case, and subsequently issued an order denying Appellant’s motion to dissolve injunction, without prejudice to refile. In the order of recusal, the judge indicated that he was aware o
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D18-356 _ RICKY SWEET, Appellant, v. ALICIA MONIQUE TUCKER, Appellee. _ On appeal from the Circuit Court for Gadsden County. Francis Allman, Judge. January 7, 2019 B.L. THOMAS, C.J. On December 20, 2017, the trial court issued an order of recusal in Appellant’s case, and subsequently issued an order denying Appellant’s motion to dissolve injunction, without prejudice to refile. In the order of recusal, the judge indicated that he was aware of..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-356
_____________________________
RICKY SWEET,
Appellant,
v.
ALICIA MONIQUE TUCKER,
Appellee.
_____________________________
On appeal from the Circuit Court for Gadsden County.
Francis Allman, Judge.
January 7, 2019
B.L. THOMAS, C.J.
On December 20, 2017, the trial court issued an order of
recusal in Appellant’s case, and subsequently issued an order
denying Appellant’s motion to dissolve injunction, without
prejudice to refile.
In the order of recusal, the judge indicated that he was aware
of the grounds for recusal at the hearing on Appellant’s motion,
but still issued the order denying Appellant’s motion after the
hearing. We therefore vacate the order denying Appellant’s
motion to dissolve injunction and remand to the trial court for a
new hearing on the motion. See Lance Block, P.A. v. Searcy,
Denney, Scarola, Barnhart and Shipley, P.A.,
85 So. 3d 1122, 1124
(Fla. 1st DCA 2012) (vacating order and remanding where trial
judge “may well have known of the grounds for the recusal order
when he entered the order” at issue) (footnote removed).
WETHERELL and WINSOR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Ricky Sweet, pro se, Appellant.
No appearance for Appellee.
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