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ROBINSON v. STATE

No. 5D09-1455.

11 So.3d 466 (2009)

Kenneth M. ROBINSON, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

June 19, 2009.

Attorney(s) appearing for the Case

Kenneth Robinson, Tavares, pro se.

Bill McCollum, Attorney General, Tallahassee, and Carmen F. Corrente, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

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...

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