Hartley v. Eighth Judicial County Court of Union County
District Court of Appeal of Florida
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
- State v. SpencerSupreme Court of Florida · 1999
- Favreau v. FavreauDistrict Court of Appeal of Florida · 2006
- Long v. StateDistrict Court of Appeal of Florida · 2001
- John v. Department of CorrectionsDistrict Court of Appeal of Florida · 2013
- Chapman v. StateDistrict Court of Appeal of Florida · 2004
1 more not listed; retrieve them via the Exa API.