Adderley v. State

District Court of Appeal of Florida

Adderley v. State

224 So. 3d 776, 2017 WL 2389972, 2017 Fla. App. LEXIS 7979

CourtDistrict Court of Appeal of Florida

DecidedJune 2, 2017

DocketCase No. 5D16-4439

StatusPublished

Cited by3 cases

This text of 224 So. 3d 776 (Adderley v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adderley v. State, 224 So. 3d 776, 2017 WL 2389972, 2017 Fla. App. LEXIS 7979 (Fla. Ct. App. 2017).

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Opinion

PER CURIAM.

Appellant, Alvin T. Adderley, appeals the trial court’s order denying his Motion for Postconviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant argues that the trial judge had previously disqualified himself from the underlying case and thus erred in ruling on Appellant’s motion. We agree. Therefore, we vacate the order under review and remand this case to the trial court so a successor judge can rule on the motion. We note that the State concedes that the order under review “is void and a nullity.”

VACATED and REMANDED.

COHEN, C.J., SAWAYA and WALLIS, JJ., concur.

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PER CURIAM.

Appellant, Alvin T. Adderley, appeals the trial court’s order denying his Motion for Postconviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant argues that the trial judge had previously disqualified himself from the underlying case and thus erred in ruling on Appellant’s motion. We agree. Therefore, we vacate the order under review and remand this case to the trial court so a successor judge can rule on the motion. We note that the State concedes that the order under review “is void and a nullity.”

VACATED and REMANDED.

COHEN, C.J., SAWAYA and WALLIS, JJ., concur.

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Bluebook (online)

224 So. 3d 776, 2017 WL 2389972, 2017 Fla. App. LEXIS 7979, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adderley-v-state-fladistctapp-2017.

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