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Ricky SWEET, Appellant, v. Alicia Monique TUCKER, Appellee.

District Court of Appeal of Florida, First District2019-01-07No. No. 1D18-356
260 So. 3d 1191

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Opinion

majority opinion

B.L. Thomas, C.J.

On December 20, 2017, the trial court issued an order of recusal in Appellants case, and subsequently issued an order denying Appellants motion to dissolve injunction, without prejudice to refile.

In the order of recusal, the judge indicated that he was aware of the grounds for recusal at the hearing on Appellants motion, but still issued the order denying Appellants motion after the hearing. We therefore vacate the order denying Appellants motion to dissolve injunction and remand to the trial court for a new hearing on the motion. See Lance Block, P.A. v. Searcy, Denney, Scarola, Barnhart and Shipley, P.A. , 85 So.3d 1122, 1124 (Fla. 1st DCA 2012) (vacating order and remanding where trial judge may well have known of the grounds for the recusal order when he entered the order at issue) (footnote removed).

Wetherell and Winsor, JJ., concur.