Elliott v. State

Mark Elliott timely appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and a second order denying his motion for rehearing. We reverse because the original denial order was entered by a judge who had previously entered an order recusing himself from Elliott’s case. See, e.g., Collado v. Collado, 858 So.2d 1255 (Fla. 5th DCA 2003). Although a successor judge denied the mo*1256tion for rehearing, he did so on grounds that the motion improperly reargued matters considered and rejected in the original denial order. Instead, the successor…