Florida Statutes
Fla. Stat. § 38.01 (2025)
Disqualification when judge party; effect of attempted judicial acts.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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38.01 Disqualification when judge party; effect of attempted judicial acts.—Every judge of this state who appears of record as a party to any cause before him or her shall be disqualified to act therein, and shall forthwith enter an order declaring himself or herself to be disqualified in said cause. Any and all attempted judicial acts by any judge so disqualified in a cause, whether done inadvertently or otherwise, shall be utterly null and void and of no effect. No judge shall be disqualified from sitting in the trial of any suit in which any county or municipal corporation is a party by reason that such judge is a resident or taxpayer within such county or municipal corporation.
Notes of Decisions
Cited in 6
cases (1 in the last 5 years), 1964–2025 · leading case: Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990).
Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990). “§ 38.01, Fla. Stat. We conclude, therefore, that the premise of petitioner's argument is correct: had the motion for disqualification been granted, he could have moved for reconsideration of the trial court's orders.”
Aetna Life & Cas. Co. v. Thorn, 319 So. 2d 82 (Fla. 3d DCA 1975). “Indeed, the remedies provided by § 38.01 et seq., are aimed at bias by a judge.”
Peters v. Meeks, 171 So. 2d 562 (Fla. 2d DCA 1964). “F.S.A. § 38.01. It does not appear that either circuit judge had any direct or indirect pecuniary interest in the outcome of this cause.”
Platman v. State, 961 So. 2d 1002 (Fla. 5th DCA 2007). “330(e); Fla. Stat. § 38.01 (2006). Second, the motion is facially insufficient *1003 under Florida Rule of Judicial Administration 2.”
Lakeshore Technical Coll. v. Anthology Inc (S.D. Fla. 2025). “§§ 38.01(5), 38.06(1). Lakeshore is located in the “Lakeshore district,” which is made up of Calumet, Manitowoc, Ozaukee, and Sheboygan counties.”
Cayson v. Hassfurder, 253 F. Supp. 744 (M.D. Fla. 1966). “The only automatic disqualification is under F.S.A. § 38.01, which provides that where a judge is a party of record he must disqualify himself.”
— 38.01(5) — 1 case
Lakeshore Technical Coll. v. Anthology Inc (S.D. Fla. 2025). “§§ 38.01(5), 38.06(1). Lakeshore is located in the “Lakeshore district,” which is made up of Calumet, Manitowoc, Ozaukee, and Sheboygan counties.”
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