Olson v. Eco Marine Contractor, LLC
After a county judge sua sponte recused herself, she nonetheless entered a final judgment for the plaintiff 49 days later, prompted by the plaintiff's 'motion for clarification' emailed as a courtesy copy to her chambers. The Fifth District held the judgment was void because entry fell outside the narrow 'ministerial act' exception permitting a recused judge merely to reduce a prior oral ruling to writing, and reversed the successor judge's denial of rule 1.540(b)/7.190 relief, remanding for a new trial.
Key facts
- Plaintiff obtained a judgment from a county judge who had sua sponte recused herself, with the judge entering the final judgment 49 days after recusal in response to plaintiff's emailed 'motion for clarification' sent as a courtesy copy to chambers.
- The successor judge denied plaintiff's rule 1.540(b) motion seeking relief from the judgment entered by the recused judge.
- +2 more key facts with a free trial
Why it matters
The opinion is a useful, citable framework for attacking any judgment signed by a judge after recusal, collecting the Berry/Plaza/Godin factors (delay, party prompting, party-drafted proposed judgment, no transcript of… — full analysis with a trial
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