Florida Statutes
Fla. Stat. § 38.07 (2025)
Effect of orders entered prior to disqualification; petition for reconsideration.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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38.07 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.
Notes of Decisions
Cited in 7
cases, 1976–2006 · leading case: Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990).
Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990). “10 contains no indication that there was an intention to modify common law practice, and Florida law provides in all other contexts either that reconsideration is available by motion, § 38.07, Fla. Stat.; Dickinson v. Raichl, or that the acts of the disqualified judge are void.”
Tyler v. State, Governor Chiles, 718 So. 2d 811 (Fla. 2d DCA 1997). “See § 38.07, Fla. Stat. (1995); Fla. R. Jud. Admin.”
Schlesinger v. Chem. Bank, 707 So. 2d 868 (Fla. 4th DCA 1998). “Appellant's reliance on section 38.07, Florida Statutes (1995) is misplaced because that statute applies only to orders entered prior to final judgment or orders entered under section 38.”
Brinkley v. State, 898 So. 2d 1175 (Fla. 2d DCA 2005). “Section 38.07, Florida Statutes (2001), provides: When orders have been entered in any cause by a judge prior to the entry of any order of disqualification .”
State v. Marks, 758 So. 2d 1131 (Fla. 4th DCA 2000). “[5] See § 38.07 Fla. Stat. (1999) (upon assignment of successor judge after disqualification of original judge, party may move to vacate orders entered prior to disqualification, which shall be "granted as a matter of right"); and Fla.”
Rath v. Network Mktg., L.C., 944 So. 2d 485 (Fla. 4th DCA 2006). “The petitioners claim that they are entitled to reconsideration of prior rulings by the recused judge as a matter of right, citing to section 38.07, Florida Statutes. However, that statute applies only to orders for disqualification under sections 38.”
Neely v. Bruten, 339 So. 2d 1126 (Fla. 1st DCA 1976). “That petition was presented not to the circuit judge who as county judge had entered the orders in question, for he had become disqualified, but to Circuit Judge Blount, newly assigned to both the estate, § 38.07, F.S., and to the Neelys’ newly-filed independent action for…”
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