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53 So. 3d 1093

Lightsey v. State

District Court of Appeal of Florida

Decided January 19, 2011

District Court of Appeal of Florida · decided 2011-01-19

Cited by 1 later decisions — most recently March 2013

1 state decisions

Relies on 978 So. 2d 893 - Berube v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2011-01-19

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PER CURIAM.

¶1 Alonzo Lightsey moved to disqualify the presiding judge several months after he filed his motion for postconviction relief. The motion to disqualify was properly served and the judge did not rule on the motion within the time provided by Florida Rule of Judicial Administration 2.330(j). Under that rule, the motion is therefore deemed granted and petitioner is entitled to reassignment of his postconviction motion to a different judge. See Berube v. State, 978 So.2d 893 (Fla. 2d DCA 2008). We therefore grant the petition and quash the order which denied the motion for disqualification. The cause is remanded to the circuit court with directions that the motion for postconviction relief be reassigned to a different judge.

¶2 PETITION GRANTED.

WOLF, KAHN, and THOMAS, JJ., concur.
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