26.19
Abatement of actions because of change of judge, etc.
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26.19 Abatement of actions because of change of judge, etc.—No civil or criminal cases, suits in equity, actions at law, statutory or otherwise; and no writs, process, pleading, motion, information, presentment, indictment or other proceedings, order, finding, decree, judgment or sentence, shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes in any circuit or circuits, or judge or judges, state attorneys, or other prosecuting officers.
History.—s. 5, ch. 17085, 1935; CGL 1936 Supp. 4738(5).
Notes of Decisions
Cited in 3
cases, 1960–1988 · leading case: Bradford v. FOUNDATION & MARINE CONSTRUCTION COMPANY
Bradford v. FOUNDATION & MARINE CONSTRUCTION COMPANY (1966)
“Section 26.19 states, in pertinent part: "No civil or criminal cases, suits in equity, * * * finding, decree, judgment * * * shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes in any circuit or circuits, or…”
Avis Rent-A-Car Systems, Inc. v. Abrahantes (1988)
“Counsel for the plaintiff indicated that the matter had previously been ruled on by Judge Herin and could not be addressed by Judge Klein, as Judge Herin's ruling constituted an order that could not be reversed by a successor judge pursuant to Section 26.19, Florida Statute…”
Wohlfiel v. Morris (1960)
“In addition, Florida Statutes § 26.19, F.S.A., provides that no change of judge shall abate, quash, set aside, reverse, qualify, dismiss, defeat or hold in error any judicial proceeding.”
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