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625 So. 2d 992

Docket No. 93-2629.

Deberry v. Ward

Cindy A. DEBERRY, Petitioner, v. The Honorable C. Lavon WARD, Judge of the 17TH Judicial Circuit in and for Broward County, Florida, etc., Respondents.

District Court of Appeal of Florida

Decided October 27, 1993.

District Court of Appeal of Florida · decided 1993-10-27

Cited by 4 later decisions — most recently November 2005

4 state decisions

Relies on State v. Schack

Good law ✅— No negative treatment on recordhow we know

Decided 1993-10-27

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¶1Catherine L. Roselli, Fort Lauderdale, for petitioner.

¶2Phyllis Howard of Phyllis Howard, P.A., Fort Lauderdale, for respondent-David T. DeBerry.

¶3Robert A. Butterworth, Atty. Gen., Tallahassee, and Cecily Robinson-Duffie, Asst. Atty. Gen., Hollywood, for respondent-The Honorable C. Lavon Ward.

¶4*993 PER CURIAM.

¶5Petitioner seeks a writ of prohibition to prevent respondent from entertaining further jurisdiction over her dissolution of marriage action. Pursuant to petitioner's motion for disqualification, respondent recused himself. The case was then reassigned to a different judge. Upon rehearing, respondent reinstated himself, noting that he made a clerical mistake when signing the order to grant the motion to disqualify. A judge may not reconsider his decision to disqualify. State v. Schack,617 So.2d 832, 833-34 (Fla. 4th DCA 1993). On that basis, we grant petitioner's writ and direct the lower court to transfer the case to another judge.

¶6HERSEY, FARMER and PARIENTE, JJ., concur.

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