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722 So. 2d 256

Docket No. 98-190.

Gaines v. State

Wilbur GAINES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 11, 1998.

District Court of Appeal of Florida · decided 1998-12-11

Key passage — most relied on by later courts

“shall be sworn to by the party by signing the motion under oath or by separate affidavit. The attorney for the party shall also separately certify that the motion and the client's statements are made in good faith.”

quoted by 1 later decision, including 768 So. 2d 21 - Wal-Mart Stores, Inc. v. Carter

Good law ✅— No negative treatment on recordhow we know

Decided 1998-12-11

How this case has been cited

Cited by 12 later decisions — most recently September 2011

12 state decisions

80199820002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

¶3ANTOON, J.

¶4A jury found Wilbur Gaines guilty of armed burglary, petit theft, possession of less than 20 grams of cannabis, and obstructing or opposing an officer without violence. Mr. Gaines appeals his sentences arguing that the trial court erroneously denied his motion to disqualify the trial judge. We affirm.

¶5The trial court correctly determined that Mr. Gaines' motion to disqualify the trial judge was legally insufficient. Rule 2.160(c), Florida Rules of Judicial Administration provides that motions to disqualify trial judges "shall be sworn to by the party by signing the motion under oath or by a separate affidavit." Mr. Gaines' failure to sign the motion rendered it insufficient.

¶6AFFIRMED.

¶7DAUKSCH and GOSHORN, JJ., concur.

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