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The 2025 Florida Statutes
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F.S. 38.0738.07 Effect of orders entered prior to disqualification; petition for reconsideration.—When orders have been entered in any cause by a judge prior to the entry of any order of disqualification under s. 38.02 or s. 38.05, any party to the cause may, within 30 days after the filing in the cause of the order of the chief judge of the circuit or the Chief Justice of the Supreme Court, as provided for in s. 38.09, petition the judge so designated for a reconsideration of the orders entered by the disqualified judge prior to the date of the entry of the order of disqualification. Such a petition shall set forth with particularity the matters of law or fact to be relied upon as grounds for the modification or vacation of the orders. Such a petition shall be granted as a matter of right. Upon the granting of the petition, notice of the time and place of the hearing thereon, together with a copy of the petition, shall be mailed by the attorney, or attorneys, of record for the petitioners to the other attorney or attorneys of record, or to the party or parties if they have no attorneys of record. This notice shall be mailed at least 8 days prior to the date fixed by the judge for the hearing. The judge before whom the cause is then pending may, after the hearing, affirm, approve, confirm, reenter, modify, or vacate the orders.History.—s. 8, ch. 16053, 1933; CGL 1936 Supp. 4155(7); s. 10, ch. 63-572; s. 30, ch. 81-259; s. 1, ch. 83-260.
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Annotations, Discussions, Cases:
Cases Citing Statute 38.07
Total Results: 10
35 F.3d 1494, 1994 U.S. App. LEXIS 27817, 1994 WL 538702
Court of Appeals for the Eleventh Circuit | Filed: Oct 5, 1994 | Docket: 2034125
Cited 46 times | Published
and delivered to a resident of Georgia, O.C.G.A. § 38-7-11 acts to invalidate an underinsured coverage
562 So. 2d 755, 1990 WL 62853
District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1231931
Cited 14 times | Published
citing as authority section 38.07, Florida Statutes (1989).[1] While section 38.07 does provide for such
388 B.R. 386
District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 1100962
Cited 11 times | Published
has a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the
758 So. 2d 1131, 2000 WL 313507
District Court of Appeal of Florida | Filed: Mar 29, 2000 | Docket: 1404151
Cited 4 times | Published
of Jud. Conduct, Canon 3 B(7) (1995).
[5] See § 38.07 Fla. Stat. (1999) (upon assignment of successor
718 So. 2d 811, 1997 WL 719319
District Court of Appeal of Florida | Filed: Nov 19, 1997 | Docket: 466238
Cited 3 times | Published
judicial orders entered by Judge Durrance. See § 38.07, Fla. Stat. (1995); Fla. R. Jud. Admin. 2.160(h)
707 So. 2d 868, 1998 WL 88339
District Court of Appeal of Florida | Filed: Mar 4, 1998 | Docket: 1260093
Cited 2 times | Published
voidable not void. Appellant's reliance on section 38.07, Florida Statutes (1995) is misplaced because
898 So. 2d 1175, 2005 WL 762622
District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 1732301
Cited 1 times | Published
indication that he was denying the motions.
Section 38.07, Florida Statutes (2001), provides:
When orders
388 B.R. 386, 2008 U.S. Dist. LEXIS 27540
District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 65516256
Published
has a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the
944 So. 2d 485, 2006 Fla. App. LEXIS 20345, 2006 WL 3498427
District Court of Appeal of Florida | Filed: Dec 6, 2006 | Docket: 64848246
Published
recused judge as a matter of right, citing to section 38.07, Florida Statutes. However, that statute applies
339 So. 2d 1126, 1976 Fla. App. LEXIS 16016
District Court of Appeal of Florida | Filed: Nov 15, 1976 | Docket: 64556128
Published
Judge Blount, newly assigned to both the estate, § 38.07, F.S., and to the Neelys’ newly-filed independent