Florida Statute 38.04 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.04

38.04 Sworn statement by judge holding himself or herself qualified.—Whenever any judge shall enter an order under s. 38.02 declaring qualification to act in said cause, he or she shall contemporaneously therewith file therein a sworn statement that to the best of his or her knowledge and belief the ground or grounds of the disqualification named in the suggestion do not exist.

History.—s. 5, ch. 16053, 1933; CGL 1936 Supp. 4155(4); s. 208, ch. 95-147.

F.S. 38.04 on Google Scholar

F.S. 38.04 on Casetext

Amendments to 38.04

Arrestable Offenses / Crimes under Fla. Stat. 38.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.04.

Annotations, Discussions, Cases:

Cases Citing Statute 38.04

Total Results: 20

TERENCE DOUGLAS v. BEULAH DOUGLAS

Court: District Court of Appeal of Florida | Date Filed: 2023-06-07

Snippet: Marion Oaks, Lot 4; (3) Land At Marion Oaks Lot 38; (4) Vacant Land Marion County; and (5) 1853 S. Dove

Joseph Edward Jordan v. State of Florida & Joseph Edward Jordan v. Mark S. Inch, etc.

Court: Supreme Court of Florida | Date Filed: 2019-12-05

Snippet: death sentence. Id. at 927-38. -4- trial court’s denial of his

City of Treasure Island v. Tahitian Treasure Island, LLC

Court: District Court of Appeal of Florida | Date Filed: 2017-10-27

Citation: 253 So. 3d 649

Snippet: of Treasure Island, Fla. ch. 58, art. II, § 58.38(4) (1985). Believing that driving

Johnson v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-04-02

Citation: 137 So. 3d 518, 2014 WL 1301444, 2014 Fla. App. LEXIS 4783

Snippet: appre*520hend the actor while the actor is in flight. § 38.04, Texas Penal Code (2002). Appellant was convicted

Bethesda Healthcare System, Inc. v. AHCA

Court: District Court of Appeal of Florida | Date Filed: 2006-12-13

Citation: 945 So. 2d 574

Snippet: at *34 (citing and concluding same). Rule 59C-1.038(4)(a), provides that: "the agency shall not normally

Bush v. Holmes

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

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

Snippet: § 1002.38(1), Fla. Stat. (2005).[3] Section 1002.38(4), Florida Statutes (2005), which sets forth the

Ago

Court: Florida Attorney General Reports | Date Filed: 1998-06-26

Snippet: 38(1), Fla. Stat. 10 Id. 11 Id. 12 Sections 849.38(4)-(5), Fla. Stat. 13 Section 849.40, Fla. Stat. 14

In Re Senate Joint Resolution 2G

Court: Supreme Court of Florida | Date Filed: 1992-05-13

Citation: 597 So. 2d 276, 1992 WL 97994

Snippet: influence districts containing voting-age populations of 38.4% and 46.4%, respectively. Finally, the Joint Resolution

Crocker v. Diland Corp.

Court: District Court of Appeal of Florida | Date Filed: 1992-01-31

Citation: 593 So. 2d 1096, 1992 WL 13826

Snippet: responsive pleading, not a motion. H. Trawick, supra, § 38-4 and § 10-4; Haimovitz v. Hawk, 80 Fla. 272, 85 So

Ago

Court: Florida Attorney General Reports | Date Filed: 1991-09-12

Snippet: juveniles in an adult facility prescribed in s. 39.038(4), F.S. (1990 Supp.), may be given effect without

In re the Recall of Koretsky

Court: Supreme Court of Florida | Date Filed: 1990-02-15

Citation: 557 So. 2d 24, 15 Fla. L. Weekly Supp. 75, 1990 Fla. LEXIS 274, 1990 WL 13583

Snippet: to recall procedures. Thereafter, in opinion 079-38,4 Attorney General Smith reiterated the view of his

Baker v. Baker

Court: District Court of Appeal of Florida | Date Filed: 1990-02-01

Citation: 557 So. 2d 603, 1990 Fla. App. LEXIS 559, 1990 WL 6437

Snippet: ($250.00) for alimony, and that said sum constitutes 38.4% of the net retirement pay due to the defendant

Pama v. State

Court: District Court of Appeal of Florida | Date Filed: 1989-11-17

Citation: 552 So. 2d 309, 1989 WL 137721

Snippet: bales weighed *311 41.8 pounds, 45.4 pounds, and 38.4 pounds inclusive of their wrappings. Each of these

Guyton v. Howard

Court: District Court of Appeal of Florida | Date Filed: 1988-05-11

Citation: 525 So. 2d 948, 1988 WL 47236

Snippet: Associations and Clubs §§ 47-48; 7 C.J.S., Associations § 38; 4 Fla.Jur.2d, Associations and Clubs § 11. See also

Jones v. State

Court: District Court of Appeal of Florida | Date Filed: 1985-02-26

Citation: 466 So. 2d 301, 24 Educ. L. Rep. 603

Snippet: but "I truthfully can't pin it down" (R. 637-38). [4] The trial court instructed the jury that any

Fraga v. DEPT. OF H & R SERV.

Court: District Court of Appeal of Florida | Date Filed: 1985-02-12

Citation: 464 So. 2d 144, 1985 Fla. App. LEXIS 12375

Snippet: Statutes. 3. Effective January 1, 1980, Section 10C-7.38(4)(a)8, Florida Administrative Code, has provided

In Re Amendments to Rules of Civil Procedure

Court: Supreme Court of Florida | Date Filed: 1984-11-15

Citation: 458 So. 2d 245

Snippet: procedural requirement is a feature of sections 38.02, 38.04 and 38.10, Florida Statutes (1983), and, in view

Fraga v. Department of Health & Rehabilitative Services

Court: District Court of Appeal of Florida | Date Filed: 1984-05-15

Citation: 464 So. 2d 144, 1984 Fla. App. LEXIS 13430

Snippet: Statutes. 3. Effective January 1, 1980, Section 10C-7.38(4)(a)8, Florida Administrative Code, has provided

Sikes v. Seaboard Coast Line R. Co.

Court: District Court of Appeal of Florida | Date Filed: 1983-03-09

Citation: 429 So. 2d 1216

Snippet: rule replaces the procedural parts of §§ 38.02, 38.04 and 38.10, F.S. and unifies the procedure to be

Ginsberg v. Goldstein

Court: District Court of Appeal of Florida | Date Filed: 1981-10-06

Citation: 404 So. 2d 1098

Snippet: Anderson, 134 Ala. 343, 32 So. 716, 92 Am.St.Rep. 38.[[4]] The ultimate question, then, is whether Burton