Florida Statute 38.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.02

38.02 Suggestion of disqualification; grounds; proceedings on suggestion and effect.—In any cause in any of the courts of this state any party to said cause, or any person or corporation interested in the subject matter of such litigation, may at any time before final judgment, if the case be one at law, and at any time before final decree, if the case be one in chancery, show by a suggestion filed in the cause that the judge before whom the cause is pending, or some person related to said judge by consanguinity or affinity within the third degree, is a party thereto, or is interested in the result thereof, or that said judge is related to an attorney or counselor of record in said cause by consanguinity or affinity within the third degree, or that said judge is a material witness for or against one of the parties to said cause, but such an order shall not be subject to collateral attack. Such suggestions shall be filed in the cause within 30 days after the party filing the suggestion, or the party’s attorney, or attorneys, of record, or either of them, learned of such disqualification, otherwise the ground, or grounds, of disqualification shall be taken and considered as waived. If the truth of any suggestion appear from the record in said cause, the said judge shall forthwith enter an order reciting the filing of the suggestion, the grounds of his or her disqualification, and declaring himself or herself to be disqualified in said cause. If the truth of any such suggestion does not appear from the record in said cause, the judge may by order entered therein require the filing in the cause of affidavits touching the truth or falsity of such suggestion. If the judge finds that the suggestion is true, he or she shall forthwith enter an order reciting the ground of his or her disqualification and declaring himself or herself disqualified in the cause; if the judge finds that the suggestion is false, he or she shall forthwith enter the order so reciting and declaring himself or herself to be qualified in the cause. Any such order declaring a judge to be disqualified shall not be subject to collateral attack nor shall it be subject to review. Any such order declaring a judge qualified shall not be subject to collateral attack but shall be subject to review by the court having appellate jurisdiction of the cause in connection with which the order was entered.

History.—s. 3, ch. 16053, 1933; CGL 1936 Supp. 4155(2); s. 1, ch. 26890, 1951; s. 6, ch. 63-559; s. 206, ch. 95-147.

F.S. 38.02 on Google Scholar

F.S. 38.02 on Casetext

Amendments to 38.02

Arrestable Offenses / Crimes under Fla. Stat. 38.02

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.02.

Annotations, Discussions, Cases:

Cases Citing Statute 38.02

Total Results: 20

Edward A. Crapo, in his capacity as Alachua County Property Appraiser v. Academy for Five Element Acupuncture, Inc., a Florida Non-Profit Corporation

Court: District Court of Appeal of Florida | Date Filed: 2019-07-08

Snippet: 38 2. On a related point, Crapo

Dr. Erwin D. Jackson v. Leon County Elections Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2017-04-10

Snippet: 4th DCA 1975) (motion untimely under section 38.02, Florida Statutes, because it was “filed more than

Cannon v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-12-16

Citation: 206 So. 3d 831, 2016 Fla. App. LEXIS 18578

Snippet: Florida Supreme Court looked in Steinhorst, see § 38.02, Florida Statutes (2015) (providing a thirty-day

Jackson v. Leon County Elections Canvassing Board

Court: District Court of Appeal of Florida | Date Filed: 2016-11-23

Citation: 214 So. 3d 705, 2016 Fla. App. LEXIS 17635

Snippet: (Fla. 4th DCA 1975) (motion untimely under section 38.02, Florida Statutes, because it was “filed more than

In re Amendments to the Florida Probate Rules

Court: Supreme Court of Florida | Date Filed: 2013-09-26

Citation: 123 So. 3d 31, 38 Fla. L. Weekly Supp. 675, 2013 WL 5355104, 2013 Fla. LEXIS 2064

Snippet: scope of the person’s inability to make decisions; *38(2) the exact areas in which the indM-dualperson lacks

Rivers v. Hertz Corp.

Court: District Court of Appeal of Florida | Date Filed: 2013-07-31

Citation: 121 So. 3d 1078, 2013 WL 3927688, 2013 Fla. App. LEXIS 12011

Snippet: “[e]ven if Hertz had violated the terms of section 322.38(2), its failure to comply with *1081this penal statute

In re Senate Joint Resolution of Legislative Apportionment 2-B

Court: Supreme Court of Florida | Date Filed: 2012-04-27

Citation: 89 So. 3d 872, 37 Fla. L. Weekly Supp. 319, 2012 Fla. LEXIS 834, 2012 WL 1476065

Snippet: have been registered Republicans, as opposed to the 38.2% who would have been registered Democrats. Further

Ago

Court: Florida Attorney General Reports | Date Filed: 2009-12-08

Snippet: So. 2d 1158 (Fla. 3d DCA 1983). 6 Citing s. 553.38(2), Fla. Stat. (1979). 7 426 So. 2d at 1161. 8 Compare

National Collegiate Athletic Ass'n v. Associated Press

Court: District Court of Appeal of Florida | Date Filed: 2009-10-01

Citation: 18 So. 3d 1201, 37 Media L. Rep. (BNA) 2400, 2009 Fla. App. LEXIS 14605, 2009 WL 3128743

Snippet: official business by any agency," see R.I. Gen. Laws § 38-2-2; TEXAS includes "information that is collected

D.H. Ex Rel. J.R. v. Department of Children & Families

Court: District Court of Appeal of Florida | Date Filed: 2009-05-19

Citation: 12 So. 3d 266, 2009 Fla. App. LEXIS 5803, 2009 WL 1383344

Snippet: against one of the parties to the cause”). See also § 38.02, Fla. Stat. (2007). A “material witness” is one

Stein v. State

Court: Supreme Court of Florida | Date Filed: 2008-09-25

Citation: 995 So. 2d 329, 2008 WL 4346490

Snippet: disqualify is governed substantively by section 38.02, Florida Statutes (2002), which provides in relevant

Grim v. State

Court: Supreme Court of Florida | Date Filed: 2007-10-04

Citation: 971 So. 2d 85, 2007 WL 2873367

Snippet: [6] The State argues this claim is waived. See § 38.02, Fla. Stat. (2000) ("[S]uggestions [of disqualification]

Palm Beach Polo v. MADSEN, SAPP, MENA

Court: District Court of Appeal of Florida | Date Filed: 2007-04-25

Citation: 957 So. 2d 36, 2007 Fla. App. LEXIS 6126, 2007 WL 1201744

Snippet: applicable Florida law under which it is being made. *38 (2) A proposal shall: (A) name the party or parties

Corie v. City of Riviera Beach

Court: District Court of Appeal of Florida | Date Filed: 2007-04-11

Citation: 954 So. 2d 68, 2007 WL 1062560

Snippet: section 38.02, Florida Statutes, and Florida Code of Judicial Conduct Canon 3E. Section 38.02, Florida

Rath v. Network Marketing, L.C.

Court: District Court of Appeal of Florida | Date Filed: 2006-12-06

Citation: 944 So. 2d 485, 2006 Fla. App. LEXIS 20345, 2006 WL 3498427

Snippet: only to orders for disqualification under sections 38.02 or 38.05, dealing with disqualification due to consanguinity

Rodriguez v. State

Court: Supreme Court of Florida | Date Filed: 2006-01-19

Citation: 919 So. 2d 1252, 2005 WL 1243475

Snippet: against one of the parties to the cause." See also § 38.02, Fla. Stat. (2004); Canon 3(E)(1)(b), Code of Jud

Bush v. Holmes

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

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

Snippet: attend a participating private school. See § 1002.38(2)(a), (3), Fla. Stat. (2005). In re-authorizing this

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-07-12

Snippet: shall be as provided for in chapter 43 of Title 38."2 The federal Uniformed Services Employment and Reemployment

Mansfield v. State

Court: Supreme Court of Florida | Date Filed: 2005-07-07

Citation: 911 So. 2d 1160, 2005 WL 1577910

Snippet: 717 So.2d 477, 481 n. 3 (Fla.1998) (quoting § 38.02, Fla. Stat. (1991)). [8] Additionally, Mansfield

Charles v. Dept. of Children and Families

Court: District Court of Appeal of Florida | Date Filed: 2005-02-09

Citation: 914 So. 2d 1, 2005 WL 292998

Snippet: Rule of Judicial Administration 2.160 and sections 38.02 and 38.10, Florida Statutes (2004). The statutes