Robinson v. State

The petition for writ of mandamus is granted. The trial court’s failure to rule upon Petitioner’s motion to disqualify within 30 days of its service resulted in the motion being deemed granted by rule. See Fla. R. Jud. Admin. 2.330(j) (“If not ruled on within 30 days of service, the motion [to disqualify] shall be deemed granted and the moving party may seek an order from the court directing the clerk to reassign the case.”). Petitioner is entitled to the reassignment of his case to a different judge, which, at this point, constitutes nothing more than a ministerial duty of the lower court.…