FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
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                          No. 1D18-4184
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MICHAEL STEVEN RATLEY,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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On appeal from the Circuit Court for Nassau County.
Robert M. Foster, Judge.

                           July 16, 2019


PER CURIAM.

    Michael Ratley appeals the trial court’s order denying his
Motion for DNA Testing filed pursuant to Florida Rule of Criminal
Procedure 3.853. 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. See Davis v.
State, 

, 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,

(Fla. 5th DCA 2017).

    VACATED and REMANDED.
RAY, C.J., and B.L. THOMAS and WINOKUR, JJ., concur.

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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Michael Steven Ratley, pro se, Appellant.

Ashley Moody, Attorney General, and Thomas H. Duffy, Assistant
Attorney General, Tallahassee, for Appellee.




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