Florida Statute 38.1 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 38.01

Annotations, Discussions, Cases:

Cases Citing Statute 38.01

Total Results: 15

Sellers v. United States Fidelity & Guaranty Co.

185 So. 2d 689, 1966 Fla. LEXIS 3641

Supreme Court of Florida | Filed: Apr 20, 1966 | Docket: 1308139

Cited 119 times | Published

operator of an uninsured motor vehicle * * *." [Section 38.1-381(b), Code of Virginia (1964 Cum.Supp.).]

Joseph Konikov v. Orange County, FL

410 F.3d 1317, 2005 U.S. App. LEXIS 10176, 2005 WL 1313683

Court of Appeals for the Eleventh Circuit | Filed: Jun 3, 2005 | Docket: 213087

Cited 56 times | Published

for no more than ten children. See OCC § 38-1; see also Fla. Stat. ch. 402.302. State

William Taylor v. City of Fort Lauderdale, Leo Callahan, Etc., Donald R. Hall, Etc., Defendants

810 F.2d 1551

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 1987 | Docket: 806648

Cited 46 times | Published

enforcement of the Ft. Lauderdale City Code Chapter § 38-1 et. seq.1 and the Florida Transportation Code,

Estate of Martha B. Watts, William Hubert Lindsey, Jr., Petitioner v. Commissioner of Internal Revenue

823 F.2d 483, 60 A.F.T.R.2d (RIA) 6117, 1987 U.S. App. LEXIS 10281

Court of Appeals for the Eleventh Circuit | Filed: Aug 4, 1987 | Docket: 186612

Cited 39 times | Published

agreement. Ore.Rev.Stat. §§ 68.600, 68.590; U.P.A. § 38(1); Crane and Bromberg, The Law of Partnership

Barber v. MacKenzie

562 So. 2d 755, 1990 WL 62853

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1231931

Cited 14 times | Published

examination of the other disqualification statutes. Section 38.01, Florida Statutes (1989), provides for disqualification

United States Fidelity and Guaranty Co. v. Sellers

179 So. 2d 608, 1965 Fla. App. LEXIS 3798

District Court of Appeal of Florida | Filed: Nov 4, 1965 | Docket: 1196058

Cited 13 times | Published

policy was invalid because in conflict with Section 38.1-381(b) of the Virginia Code which provides:

Daniel G. Hamm v. Tomeka Scott James

406 F.3d 1340

Court of Appeals for the Eleventh Circuit | Filed: Apr 21, 2005 | Docket: 398275

Cited 10 times | Published

payment does not qualify as “public assistance” under § 38^1-8, and thus is not exempt personal property; and

Aetna Life & Casualty Company v. Thorn

319 So. 2d 82

District Court of Appeal of Florida | Filed: Sep 30, 1975 | Docket: 444029

Cited 5 times | Published

to this case. Indeed, the remedies provided by § 38.01 et seq., are aimed at bias by a judge. The remedy

Konikov v. Orange County, Florida

302 F. Supp. 2d 1328, 2003 U.S. Dist. LEXIS 23751, 2004 WL 213179

District Court, M.D. Florida | Filed: Jan 2, 2004 | Docket: 2151100

Cited 4 times | Published

worship and related religious activities." OCC § 38-1. Religious organizations are permitted without

Open Homes Fellowship, Inc. v. Orange County, Fla.

325 F. Supp. 2d 1349, 2004 U.S. Dist. LEXIS 13495, 2004 WL 1586846

District Court, M.D. Florida | Filed: Mar 9, 2004 | Docket: 2279325

Cited 2 times | Published

social needs of the `residents.'" Orange County Code § 38-1.[17] The only discernable difference between a

Michael B. Price v. Time, Inc.

425 F.3d 1292

Court of Appeals for the Eleventh Circuit | Filed: Jul 15, 2005 | Docket: 398369

Cited 1 times | Published

years after the amendment to the shield law. Id. § 38-1-4(c). These twenty statutes show that the Alabama

Platman v. State

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

District Court of Appeal of Florida | Filed: Jul 6, 2007 | Docket: 64851601

Published

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

Bullen v. HER MAJESTY'S GOVERNMENT OF UK

553 So. 2d 1344, 1989 WL 153658

District Court of Appeal of Florida | Filed: Dec 20, 1989 | Docket: 1258820

Published

the United Kingdom of conspiracy to contravene section 38(1) of *1345 the Finance Act 1972 by the fraudulent

Cayson v. Hassfurder

253 F. Supp. 744, 1966 U.S. Dist. LEXIS 7756

District Court, M.D. Florida | Filed: Apr 26, 1966 | Docket: 66036016

Published

only automatic disqualification is under F.S.A. § 38.01, which provides that where a judge is a party of

Peters v. Meeks

171 So. 2d 562

District Court of Appeal of Florida | Filed: Nov 25, 1964 | Docket: 64492001

Published

in which he is a resident or taxpayer. F.S.A. § 38.01. It does not appear that either circuit judge had