Florida Statute 38.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

View Entire Chapter

F.S. 38.05

38.05 Disqualification of judge on own motion.—Any judge may of his or her own motion disqualify himself or herself where, to the judge’s own knowledge, any of the grounds for a suggestion of disqualification, as named in s. 38.02, exist. The failure of a judge to so disqualify himself or herself under this section shall not be assignable as error or subject to review.

History.—s. 6, ch. 16053, 1933; CGL 1936 Supp. 4155(5); s. 6, ch. 63-559; s. 209, ch. 95-147.

F.S. 38.05 on Google Scholar

F.S. 38.05 on Casetext

Amendments to 38.05

Arrestable Offenses / Crimes under Fla. Stat. 38.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.05.

Annotations, Discussions, Cases:

Cases Citing Statute 38.05

Total Results: 20

R.V., a Juvenile v. The State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-02-21

Snippet: J., Jul./Aug. 2004, at 38, 38. 5 then be received as a

THE STATE OF FLORIDA v. JEREMY ROJAS

Court: District Court of Appeal of Florida | Date Filed: 2023-01-04

Snippet: following a sentencing hearing, sentenced Swett to 38.5 years in prison. Shortly thereafter,

JAKARIS TAYLOR v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2020-11-12

Snippet: seven-year sentence. Id. at 237–38. 5 “The court instructed the

James Farmer v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2019-04-29

Citation: 268 So. 3d 1009

Snippet: Stat. Ann. § 2B:20-1 (2018); N.M. Stat. Ann. § 38-5-1 (2018); N.Y. Jud. Law § 510 (McKinney 2018); N

Schott v. Houcek

Court: District Court of Appeal of Florida | Date Filed: 2012-01-25

Citation: 77 So. 3d 919, 2012 Fla. App. LEXIS 853, 2012 WL 204467

Snippet: Tallahassee, 377 So.2d 1150, 1152 (Fla.1979); § 38.05, Fla. Stat. (2009). MAY, C.J., STEVENSON and GROSS

Bernal v. State

Court: District Court of Appeal of Florida | Date Filed: 2011-12-30

Citation: 76 So. 3d 1112, 2011 Fla. App. LEXIS 20905, 2011 WL 6851177

Snippet: the court to impose a prison sentence of between 38.5 years (the lowest permissible sentence allowed by

Small v. State

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

Citation: 56 So. 3d 52, 2011 Fla. App. LEXIS 1040, 2011 WL 309571

Snippet: grand theft for an agreed concurrent sentence of 38.5 months, which he had already served, and the state

In Re Certification of Need for Additional Judges

Court: Supreme Court of Florida | Date Filed: 2010-02-25

Citation: 29 So. 3d 1110, 35 Fla. L. Weekly Supp. 139, 2010 Fla. LEXIS 259, 2010 WL 652999

Snippet: magistrates and associated administrative staff, 38.5 law clerks, 18.5 due process positions (i.e., court

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

Bush v. Holmes

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

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

Snippet: participating in the program and their parents. See § 1002.38(5), Fla. Stat. (2005). In addition to requiring the

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: 660 So.2d 705, 707-08 (Fla.1995). While section 38.05, Florida Statutes (2004), authorizes a judge to

State v. Jordan

Court: District Court of Appeal of Florida | Date Filed: 2001-04-25

Citation: 783 So. 2d 1179, 2001 WL 417296

Snippet: defendant's guilty plea. The defendant was sentenced to 38.5 years incarceration followed by 15 consecutive years

State v. Swett

Court: District Court of Appeal of Florida | Date Filed: 2000-10-06

Citation: 772 So. 2d 48, 2000 WL 1475588

Snippet: the agreement the trial court sentenced Swett to 38.5 years incarceration, which was six months longer

Duer v. Moore

Court: District Court of Appeal of Florida | Date Filed: 2000-05-22

Citation: 765 So. 2d 743, 2000 WL 650519

Snippet: January 1, 1994, permitted a sentence of no more than 38.5 years. The court ruled: It is admittedly impossible

Champion v. McDaniel

Court: District Court of Appeal of Florida | Date Filed: 1999-03-26

Citation: 740 So. 2d 17, 1999 Fla. App. LEXIS 3841, 1999 WL 162947

Snippet: responsible for its debt in the amount of $20,281.38; (5) appellee was to retain, as his sole property,

Warner v. Holmes County

Court: District Court of Appeal of Florida | Date Filed: 1998-09-17

Citation: 717 So. 2d 612, 1998 Fla. App. LEXIS 11776, 1998 WL 633978

Snippet: judge upon the original judge’s recusal. See §§ 38.05, .07, Fla. Stat.; Fla. R. Jud. Admin. 2.160(h);

Perrot v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-06-26

Citation: 712 So. 2d 797, 1998 Fla. App. LEXIS 7554, 1998 WL 336512

Snippet: criminal episode. The guidelines sentencing range was 38.5 years to a discretionary life sentence. Under these

Schlesinger v. Chemical Bank

Court: District Court of Appeal of Florida | Date Filed: 1998-03-04

Citation: 707 So. 2d 868, 1998 WL 88339

Snippet: final judgment or orders entered under section 38.05, which is inapplicable here. We have not overlooked

Amendments to the Florida Family Law Rules

Court: Supreme Court of Florida | Date Filed: 1998-02-26

Citation: 713 So. 2d 1, 23 Fla. L. Weekly Supp. 105, 1998 Fla. LEXIS 475, 1998 WL 166533

Snippet: 4. Our marriage is irretrievably broken. *38 5. Together, we have no minor (under 18) or dependent

Perlman v. Prudential Ins. Co.

Court: District Court of Appeal of Florida | Date Filed: 1997-01-22

Citation: 686 So. 2d 1378, 1997 WL 20519

Snippet: (1964); 5 Williston on Contracts §§ 1330, at 3737-38,[5] 1460A, at 4085 (1937); see also Arad v. Caduceus