Florida Statute 38.5 - Full Text and Legal Analysis

The 2025 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 CourtListener

Amendments to 38.05

Annotations, Discussions, Cases:

Cases Citing Statute 38.05

Total Results: 9

Margulies v. Margulies

528 So. 2d 957, 1988 WL 73577

District Court of Appeal of Florida | Filed: Jul 19, 1988 | Docket: 1368198

Cited 13 times | Published

position that Judge Barad may hear this case. Section 38.05, Florida Statutes (1987), authorizes a judge

Hobbs v. Don Mealey Chevrolet, Inc.

642 So. 2d 1149, 1994 WL 515723

District Court of Appeal of Florida | Filed: Sep 23, 1994 | Docket: 1529494

Cited 11 times | Published

grounds for rehabilitation (Section 38-5-2010), grounds for liquidation (Section 38-5-2060), rehabilitation

St. George Island, Ltd. v. Rudd

547 So. 2d 958, 1989 WL 80720

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 1474511

Cited 6 times | Published

this one, apparently on his own motion, see section 38.05. [5] Respondents show that Judge Rudd has relied

Driver v. State

46 So. 2d 718, 1950 Fla. LEXIS 930

Supreme Court of Florida | Filed: Jun 2, 1950 | Docket: 1667777

Cited 6 times | Published

disqualifying himself of his own motion under § 38.05. "38.04. Sworn statement by judge holding himself

Charles v. Dept. of Children and Families

914 So. 2d 1, 2005 WL 292998

District Court of Appeal of Florida | Filed: Feb 9, 2005 | Docket: 1781895

Cited 2 times | Published

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

Schlesinger v. Chemical Bank

707 So. 2d 868, 1998 WL 88339

District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1260093

Cited 2 times | Published

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

James Farmer v. State of Florida

268 So. 3d 1009

District Court of Appeal of Florida | Filed: Apr 29, 2019 | Docket: 15013083

Cited 1 times | Published

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

Schott v. Houcek

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

District Court of Appeal of Florida | Filed: Jan 25, 2012 | Docket: 60304850

Published

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

Ago

Florida Attorney General Reports | Filed: Dec 30, 1988 | Docket: 3256954

Published

of s. 112.3143, F.S. 4 Section 38.02, F.S. 5 Section 38.05, F.S. 6 See, Thayer v. State, 335 So.2d 815