Florida Statute 38.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.06

38.06 Effect of acts where judge fails to disqualify himself or herself.—In any cause where the grounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but no suggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judge shall be valid. Where, on a suggestion of disqualification the judge enters an order declaring himself or herself qualified, the orders, judgments, and decrees entered therein by the said judge shall not be void and shall not be subject to collateral attack.

History.—s. 7, ch. 16053, 1933; CGL 1936 Supp. 4155(6); s. 210, ch. 95-147.

F.S. 38.06 on Google Scholar

F.S. 38.06 on Casetext

Amendments to 38.06

Arrestable Offenses / Crimes under Fla. Stat. 38.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.06.

Annotations, Discussions, Cases:

Cases Citing Statute 38.06

Total Results: 19

ST. JOHNS RIVER WATER MANAGEMENT DISTRICT AND CEDAR ISLAND HOMEOWNERS' ASSOCIATION OF FLAGLER COUNTY, INC. vs EDWARD J. CECE AND ANNA M. CECE

Court: District Court of Appeal of Florida | Date Filed: 2023-08-11

Snippet: 2 to 44.28% from the originally permitted 38.06%. We grant the District’s motion for a written

Bush v. Holmes

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

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

Snippet: has received a grade of C or better. Section 1002.38(6), Florida Statutes (2005), provides the method for

Cuero v. Ryland Group, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2003-03-12

Citation: 849 So. 2d 326, 2003 WL 1024991

Snippet: employees under this chapter as provided in s. 440.38. [6] In June and September 1999, Ryland entered into

Carthane v. Crosby

Court: District Court of Appeal of Florida | Date Filed: 2000-12-22

Citation: 776 So. 2d 964, 2000 WL 1867572

Snippet: Administrative Code Rule 33-601.806(2) (formerly 33-38.006), which provides that the close-management review

Vitanzo v. State

Court: District Court of Appeal of Florida | Date Filed: 1999-11-22

Citation: 750 So. 2d 662, 1999 Fla. App. LEXIS 15601, 1999 WL 1049349

Snippet: Vitanzo’s scoresheet for a sentencing range of 23.1 to 38.6 months. Included in the total points were twelve

Steinhorst v. State

Court: Supreme Court of Florida | Date Filed: 1997-06-05

Citation: 695 So. 2d 1245, 1997 WL 296969

Snippet: disqualification. I recognize however that section 38.06, Florida Statutes (1991), in conjunction with section

Quality Engineered Installation, Inc. v. Higley South, Inc.

Court: Supreme Court of Florida | Date Filed: 1996-03-28

Citation: 670 So. 2d 929, 1996 WL 136913

Snippet: Company are liable for a total aggregate interest of 38.6% or $40,113 which accrued on an amount that they

Smith v. Crawford

Court: District Court of Appeal of Florida | Date Filed: 1994-10-26

Citation: 645 So. 2d 513, 1994 WL 592242

Snippet: 94-17 is consistent with its prior opinion DE 78-38. [6] At the September 30 hearing below, Jim Smith

Steinhorst v. State

Court: Supreme Court of Florida | Date Filed: 1994-04-21

Citation: 636 So. 2d 498, 1994 WL 137900

Snippet: State calls our attention to the fact that section 38.06, Florida Statutes (1991), appears to render "valid"

Stein v. Foster

Court: Supreme Court of Florida | Date Filed: 1990-01-18

Citation: 557 So. 2d 861, 1990 WL 3845

Snippet: court's ruling. [5] This is consistent with § 38.06, Fla. Stat. (1987), dealing with the effect of disqualification

Ago

Court: Florida Attorney General Reports | Date Filed: 1989-09-15

Snippet: storage." 177 Cal.Reptr. at 118, 122 Cal.App.3d at 38. 6 Committee substitute for SB 452 (enacted as Ch.

OLD PORT COVE PROP. v. Ecclestone

Court: District Court of Appeal of Florida | Date Filed: 1986-12-31

Citation: 500 So. 2d 331, 12 Fla. L. Weekly 183

Snippet: points out that the commercial properties represent 38.6% of the entire development property. The record

O'NEIL v. Department of Transp.

Court: Supreme Court of Florida | Date Filed: 1985-03-07

Citation: 468 So. 2d 904, 10 Fla. L. Weekly 157

Snippet: obtain private insurance. See §§ 440.02(4) and 440.38(6), Fla. Stat. (1979). The system is intended to be

Ago

Court: Florida Attorney General Reports | Date Filed: 1983-09-13

Snippet: the powers of political subdivisions. Section 252.38(6)(e), F.S., as amended by s 21, Ch. 83-334, Laws

State, Department of Transportation v. Edward M. Chadbourne, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1978-05-16

Citation: 358 So. 2d 605, 1978 Fla. App. LEXIS 15893

Snippet: applies, the defendant owes the plaintiff $31,255.38. “6. This suit was filed in 1975. Following an unsuccessful

Morris and Esher, Inc. v. Olympia Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1967-06-13

Citation: 200 So. 2d 579, 1967 Fla. App. LEXIS 4518

Snippet: $ 1,536.38 "6. The Mechanic's Lien Law, Florida Statutes, § 84

Driver v. State

Court: Supreme Court of Florida | Date Filed: 1950-06-02

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

Snippet: error or subject to review by the supreme court. "38.06. Effect of acts where judge fails to disqualify

Board of Public Instructions v. Board of County Commissioners

Court: Supreme Court of Florida | Date Filed: 1909-06-15

Citation: 58 Fla. 391

Snippet: 17 N. E. Rep. 413; Popfinger v. Yutte, 102 N. Y. 38, 6 N. E. Rep. 259; State v. Cox, 8 Ark. (3 Eng.) 436

Basnet v. City of Jacksonville

Court: Supreme Court of Florida | Date Filed: 1882-01-15

Citation: 18 Fla. 523

Snippet: and upon a ground shown.” 6 Mass., 72; 2 Hal., 38; 6 Wend., 565; 12 ib., 292; 15 ib., 206. Says Judge