38.08
Effect of orders where petition for reconsideration not filed.
Find cases:
SyfertCases citing this section
FL-LEGleg.state.fl.us
JustiaFla. Statutes
CornellLII Search
CasesGoogle Scholar
38.08 Effect of orders where petition for reconsideration not filed.—If no petition for reconsideration is filed, as provided for in s. 38.07, all orders entered by the disqualified judge prior to the entry of the order of disqualification shall be as binding and valid as if said orders had been duly entered by a qualified judge authorized to act in the cause. The fact that an order was entered by a judge who is subsequently disqualified under s. 38.02 or s. 38.05, shall not be assignable as error subject to review by the appropriate appellate court unless a petition for reconsideration as provided for in s. 38.07, was filed by the party urging the matter as error, and the judge before whom the cause was then pending refused to vacate or modify said order.
History.—s. 9, ch. 16053, 1933; CGL 1936 Supp. 4155(8); s. 6, ch. 63-559.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 1967–2025 · leading case: Gossett v. Hanlon
Gossett v. Hanlon (1967)
“…State ex rel. Hillman v. Hutchins, 1935, 118 Fla. 220 , 158 So. 716 . See also 2 Maloy, Fla. Appellate Prac. & Proc., § 38.08.”
Lakeshore Technical College v. Anthology Inc (2025)
“§ 38.08(1)(a). The members of each district board are appointed by an appointment committee, which is comprised of elected officers of the school boards or counties within the district.”
— 38.08(1)(a) — 1 case
Lakeshore Technical College v. Anthology Inc (2025)
“§ 38.08(1)(a). The members of each district board are appointed by an appointment committee, which is comprised of elected officers of the school boards or counties within the district.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.