Plaza v. Plaza, 3D09-2453.
Decision Date | 25 November 2009 |
Docket Number | No. 3D09-2453.,3D09-2453. |
Citation | 21 So.3d 181 |
Parties | Richard PLAZA, Petitioner, v. Marie PLAZA, Respondent. |
Court | Florida District Court of Appeals |
Kenneth M. Kaplan, for petitioner.
Brandon A. Rotbart, Miami, for respondent.
Before SHEPHERD, SUAREZ, and ROTHENBERG, JJ.
On Motion for Rehearing
We grant Marie Plaza's ("the mother") motion for rehearing, withdraw this Court's opinion dated October 8, 2009, and issue the instant opinion in its stead.
Upon review of Richard Plaza's ("the father") petition for writ of prohibition, the mother's subsequently filed motion to relinquish jurisdiction and to lift the stay entered by this Court, and the mother's "Initial Reply Brief and Challenge to Stay," it is evident that the parties misunderstood the stay issued by this Court on September 9, 2009. The stay was directed towards the order on appeal, not the proceedings below. The effect of the stay should have resulted in the immediate restoration of the father's custody and visitation with his children pending appellate review of the trial court's order. We therefore vacate this Court's order dated September 9, 2009.
On July 29, 2009, the trial court conducted an evidentiary hearing on the mother's motion for contempt, finding the father in contempt of court, and directing the mother's counsel to prepare an order. The following day, the father moved to recuse the trial judge, and on August 4, 2009, before issuing his written order holding the father in contempt of court, the trial judge issued an order recusing himself. On August 10, 2009, after issuing the order of recusal, the trial judge issued the order holding the father in contempt, which is the subject of this Court's review.
As a general rule, once an order disqualifying a judge is entered, the judge is prohibited from any further participation in the case. See Lake v. Lake, 14 So.3d 284, 284 (Fla. 3d DCA 2009) ( ); Collado v. Collado, 858 So.2d 1255, 1255 (Fla. 5th DCA 2003) ( ); State ex rel. Cobb v. Bailey, 349 So.2d 849, 850 (Fla. 1st DCA 1977) ( ).
While disqualification of the judge generally requires that the judge take no further action in the case, there is an exception to this rule. The exception is where the trial judge orally announces his ruling, subsequently enters an order of recusal, and thereafter performs the ministerial act of simply entering a written order or judgment reflecting his prior oral ruling. See Florida Bar v. Wilson, 714 So.2d 381, 383 (Fla.1998) ( ); Berry v. Berry, 765 So.2d 855, 857 (Fla. 5th DCA 2000) ().
The exception to the disqualification rule is, however, unavailing regarding the...
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