Legal Opinion

Hartley v. Eighth Judicial County Court of Union County

District Court of Appeal of Florida

Decided January 3, 2014No. 1D12-5102Published

1Per curiam

We reverse the trial court’s order denying appellant’s petition for writ of mandamus and declaring appellant to be a vexatious litigant. We affirm the court’s order denying appellant’s motion for disqualification, which was legally insufficient.

The trial court erred as a matter of law by finding that appellant had “failed to allege that he has made the [lower] court aware of the pending motion,” citing Chapman v. State, 883 So.2d 835, 835-36 (Fla. 5th DCA 2004). Appellant attached to his mandamus petition a motion he had filed by placing it in the hands of prison officials for mailing,…

2Cases cited6 opinions

  1. State v. SpencerSupreme Court of Florida · 1999
  2. Favreau v. FavreauDistrict Court of Appeal of Florida · 2006
  3. Long v. StateDistrict Court of Appeal of Florida · 2001
  4. John v. Department of CorrectionsDistrict Court of Appeal of Florida · 2013
  5. Chapman v. StateDistrict Court of Appeal of Florida · 2004

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