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RAZZLE DAZZLE BARBERSHOP, INC., Appellant(s)/petitioner(s), v. Otto QUINTANA, et al., Appellee(s)/respondent(s).
Razzle Dazzle Barbershop, Inc. has petitioned for a writ of mandamus directing the trial judge who issued a final order of dismissal in this matter to rule on the pending motion for rehearing. Although assigned to a different division, the trial judge who signed the order remains a judge of the circuit court with full jurisdiction to hear the motion for rehearing. Kirkham v. Kirkham, 385 So. 2d 733, 734 (Fla. 2d DCA 1980). Absent the judge disqualifying herself, or other appropriate circumstance, it is proper for the judge who enters a final judgment to rule on the motion for rehearing. Id. With this clarification, we assume the trial judge who signed the order will duly consider and rule on the motion for rehearing without need of the formal issuance of the writ.
LOGUE, HENDON and GORDO, JJ., concur.
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Docket No: CASE NO.: 3D21-0735
Decided: April 09, 2021
Court: District Court of Appeal of Florida, Third District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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