Florida Statute 38.01 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.01

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.

History.—s. 2, ch. 16053, 1933; CGL 1936 Supp. 4155(1); s. 1, ch. 59-43; s. 205, ch. 95-147.

F.S. 38.01 on Google Scholar

F.S. 38.01 on Casetext

Amendments to 38.01

Arrestable Offenses / Crimes under Fla. Stat. 38.01

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.01.

Annotations, Discussions, Cases:

Cases Citing Statute 38.01

Total Results: 20

Wester v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-11-13

Snippet: (Counts 26–37) fabricating evidence; (Counts 38– 1 The RICO Act is set forth in sections 895.01

MIAMI-DADE COUNTY v. MIAMI GARDENS SQUARE ONE, INC.

Court: District Court of Appeal of Florida | Date Filed: 2020-11-04

Snippet: 252.32(1)(b), Fla. Stat. (2020); see also § 252.38(1), Fla. Stat. (2020) (“Safeguarding the life and

In Re: Standard Jury Instructions in Contract and Business Cases - 2018 Report

Court: Supreme Court of Florida | Date Filed: 2019-01-04

Snippet: NOTES ON USE FOR FORM 416.38 1. This model verdict form should be used in

In Re: Standard Jury Instructions in Contract and Business Cases-2018 Report.

Court: Supreme Court of Florida | Date Filed: 2018-12-06

Citation: 260 So. 3d 87

Snippet: appropriate.] NOTES ON USE FOR FORM 416.38 1. This model verdict form should be used in conjunction

Hall v. State

Court: Supreme Court of Florida | Date Filed: 2018-04-12

Citation: 246 So. 3d 210

Snippet: the Hurst harmless error analysis. Id. at S637-38, *1 (Pariente, J., dissenting). In Wood , this Court

Enoch D Hall v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-04-12

Snippet: the Hurst harmless error analysis. Id. at S637-38, *1 (Pariente, J., dissenting). In Wood, this

Khadafy Kareem Mullens v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2016-06-16

Citation: 197 So. 3d 16, 41 Fla. L. Weekly Supp. 279, 2016 Fla. LEXIS 1255

Snippet: himself to relief pursuant to Hurst.” Majority op. at 38. 1 write only to highlight, as demonstrated "through

Oliver v. Stufflebeam

Court: District Court of Appeal of Florida | Date Filed: 2014-12-24

Citation: 155 So. 3d 395, 2014 Fla. App. LEXIS 20831

Snippet: held on November 4, 2008, by a margin of 61.9% to 38.1%. Just two years earlier, the people of the state

In re Standard Jury Instructions—Contract & Business Cases

Court: Supreme Court of Florida | Date Filed: 2013-06-06

Citation: 116 So. 3d 284, 2013 WL 2435441

Snippet: by (defendant) ]. SOURCES AND AUTHORITIES FOR 416.38 1. “[A]n open account is an unsettled debt arising

Ocean Reef Club, Inc. v. Wilczewski

Court: District Court of Appeal of Florida | Date Filed: 2012-03-21

Citation: 99 So. 3d 1, 2012 Fla. App. LEXIS 4352, 2012 WL 934028

Snippet: current and future claims for workplace injury. § 440.38(1), Fla. Stat. (2006). As is familiarly known in the

Edward T. Byrd & Co. v. WPSC Venture I

Court: District Court of Appeal of Florida | Date Filed: 2011-06-24

Citation: 66 So. 3d 979, 2011 Fla. App. LEXIS 9880, 2011 WL 2493656

Snippet: concludes it can collect its fee under section 494.0038(1)(a)1. See §§ 494.001(3), (18M20). At the summary

Bend v. Shamrock Services

Court: District Court of Appeal of Florida | Date Filed: 2011-02-28

Citation: 59 So. 3d 153, 2011 Fla. App. LEXIS 2515, 2011 WL 680282

Snippet: covered under chapter 440. See §§ 440.02(15)(a), 440.38(1)(a)-(b) Fla. Stat. (2007). In its routine operation

W.Z. v. State

Court: District Court of Appeal of Florida | Date Filed: 2010-04-16

Citation: 35 So. 3d 51, 2010 Fla. App. LEXIS 5048

Snippet: assistance of the public defender’s office. Section 985.038(1), Florida Statutes (2009), provides that a child

In Re Amendments to Rules of Civ. Procedure

Court: Supreme Court of Florida | Date Filed: 2007-09-27

Citation: 966 So. 2d 943, 32 Fla. L. Weekly Supp. 606, 2007 Fla. LEXIS 1788, 2007 WL 2790745

Snippet: Burdens of Fees Hearings, Fla. B.J., Jan. 2003, at 38. [1] Except when suit is brought pursuant to section

Platman v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-07-06

Citation: 961 So. 2d 1002, 2007 Fla. App. LEXIS 10517, 2007 WL 1945206

Snippet: See Fla. R. Jud. Admin. 2.330(e); Fla. Stat. § 38.01 (2006). Second, the motion is facially insufficient

DEPT. OF FINANCIAL v. MJ Versaggi Trust

Court: District Court of Appeal of Florida | Date Filed: 2007-03-09

Citation: 952 So. 2d 583, 2007 WL 703561

Snippet: payment of workers' compensation benefits. See § 440.38(1)(a), Fla. Stat. (1997). In 1997, the Trust began

Atlantis at Perdido Ass'n, Inc. v. Warner

Court: District Court of Appeal of Florida | Date Filed: 2006-07-06

Citation: 932 So. 2d 1206, 2006 WL 1835321

Snippet: some 5,600 square feet, abutting an additional 38.1 feet by 33.3 feet (some 1,268 square feet) of swimming

Hughes v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-05-10

Citation: 927 So. 2d 1040, 2006 WL 1234831

Snippet: charge, the trial court sentenced the defendant to 38.1 months in state prison followed by two years drug

Bush v. Holmes

Court: Supreme Court of Florida | Date Filed: 2006-01-05

Citation: 919 So. 2d 392, 2006 WL 20584

Snippet: purpose, as delineated in subsection (4). § 1002.38(1), Fla. Stat. (2005).[3] Section 1002.38(4), Florida

Ago

Court: Florida Attorney General Reports | Date Filed: 2004-11-23

Snippet: of America,144 So.2d 813 (Fla. 1962). Cf. s. 252.38(1)(a), Fla. Stat., requiring a county to establish