Reasons for the Motion to Disqualify Being Untimely
In Willacy v. State, 696 So.2d 693, 695 (Fla. 1997), the court found a similar motion to disqualify to be untimely.
The court stated that the motion to disqualify was untimely because it was filed more than ten days after the original trial judge had been appointed to preside over the resentencing proceedings, but also stated that it was untimely because "[t]he grounds for the motion were in existence since the first trial and Willacy was represented by counsel throughout this period." Id.
Accordingly, the decision in Willacy does not decisively answer the question of from what date the timeliness of a motion to disqualify is calculated.