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939 So. 2d 261

Docket Case No. 1D05-5797.

Gore v. State

DONALD CRAIG GORE, Petitioner, v. STATE OF FLORIDA, Respondent.

District Court of Appeal of Florida

Opinion filed October 18, 2006.

District Court of Appeal of Florida · decided 2006-10-18

Cited by 1 later decisions — most recently May 2007

1 state decisions

Relies on 781 So. 2d 1063 - Fuster-Escalona v. Wisotsky

Good law ✅— No negative treatment on recordhow we know

Decided 2006-10-18

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¶1Donald Craig Gore, pro se, Petitioner.

¶2Charlie Crist, Attorney General, and Alan R. Dakan, Assistant Attorney General, Tallahassee, for Respondent.

¶3PER CURIAM.

¶4Inasmuch as the trial judge failed to rule on petitioner's motion for disqualification within the 30 day period established by Florida Rule of Judicial Administration 2.160(j), we grant the petition for writ of prohibition. The order denying petitioner's motion for postconviction relief, which was rendered after the filing of the motion for disqualification, is hereby vacated. See Fuster-Escalona v. Wisotsky, 781 So. 2d 1063 (Fla. 2000). On remand, a new judge shall be assigned, with directions to consider the motion for postconviction relief de novo.

¶5KAHN, BENTON, and LEWIS, JJ., CONCUR.

¶6NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED.

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