Florida Statute 38.08 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.08

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.

F.S. 38.08 on Google Scholar

F.S. 38.08 on Casetext

Amendments to 38.08

Arrestable Offenses / Crimes under Fla. Stat. 38.08

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.08.

Annotations, Discussions, Cases:

Cases Citing Statute 38.08

Total Results: 17

Greenwade v. State

Court: Supreme Court of Florida | Date Filed: 2013-10-17

Citation: 124 So. 3d 215, 38 Fla. L. Weekly Supp. 717, 2013 WL 5641794, 2013 Fla. LEXIS 2284

Snippet: packets containing a mixture of cocaine weighing 38.8 grams cannot satisfy the [S]tate’s burden of proof

In re Senate Joint Resolution of Legislative Apportionment 1176

Court: Supreme Court of Florida | Date Filed: 2012-03-09

Citation: 83 So. 3d 597, 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122

Snippet: 21). The eastern piece consists of approximately 38.8 square miles, contains 34,130 citizens of Lakeland

GREENWADE v. State

Court: District Court of Appeal of Florida | Date Filed: 2012-01-24

Citation: 80 So. 3d 371, 2012 Fla. App. LEXIS 808, 2012 WL 178380

Snippet: and obtained a total weight for the contents of 38.8 grams. On that evidence, a jury found the appellant

State v. Laroe

Court: District Court of Appeal of Florida | Date Filed: 2002-07-26

Citation: 821 So. 2d 1199, 2002 WL 1723758

Snippet: seeking a guidelines sentence with a minimum term of 38.8 months incarceration, which represented the low

Thomas v. State

Court: District Court of Appeal of Florida | Date Filed: 1998-04-15

Citation: 711 So. 2d 89, 1998 Fla. App. LEXIS 3808, 1998 WL 171392

Snippet: discretion to increase his total sentence points from 38.8 to over 40 in order to achieve a state prison sentence

Steele v. Steele

Court: District Court of Appeal of Florida | Date Filed: 1993-03-31

Citation: 617 So. 2d 736, 1993 WL 95602

Snippet: percentage portion is twenty-eight percent, or $38.08 per week, and Husband's portion is seventy-one percent

Tampa-Hillsborough County v. AGWS

Court: District Court of Appeal of Florida | Date Filed: 1992-09-23

Citation: 608 So. 2d 52, 1992 WL 235303

Snippet: procedurally similar to Dundee's. A.G.W.S. owns a 38.8-acre parcel, a portion of which is inside the same

Ross v. State

Court: District Court of Appeal of Florida | Date Filed: 1988-07-19

Citation: 528 So. 2d 1237, 1988 WL 73565

Snippet: second envelope weighed 26.2 grams for a total of 38.8 grams. He also stated at trial that the white powdery

Cabrera v. Department of Community Affairs

Court: District Court of Appeal of Florida | Date Filed: 1985-03-05

Citation: 465 So. 2d 547, 10 Fla. L. Weekly 556, 1985 Fla. App. LEXIS 12608

Snippet: industrial) to BU-3Y (heavy industrial). Section 19-38(8) of the Monroe County Code (M.C.C.) directs a rezoning

Griesemer v. Prathers, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1982-03-19

Citation: 413 So. 2d 68, 1982 Fla. App. LEXIS 19539

Snippet: had a future work life expectancy of an additional 38.8 years if she were to retire at age 62. Hemby’s gross

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-09-18

Snippet: 39.09(1)-(3), and the filing requirement of s. 38.08, F.S., are unnecessary when the special deputy is

Smith v. State

Court: District Court of Appeal of Florida | Date Filed: 1970-08-12

Citation: 239 So. 2d 284

Snippet: Number 763; Rape, Key Number 51(1). [18] Genesis 38:8-10. [19] See Note, Forcible and Statutory Rape:

Gossett v. Hanlon

Court: District Court of Appeal of Florida | Date Filed: 1967-02-13

Citation: 195 So. 2d 865

Snippet: See also 2 Maloy, Fla. Appellate Prac. & Proc., § 38.08.

King v. State

Court: Supreme Court of Florida | Date Filed: 1962-07-11

Citation: 143 So. 2d 458

Snippet: Terrell, J. [7] Macbeth, Act V, Scene 1, Line 38. [8] Cash v. Culver, Fla., 122 So.2d 179-187 [14,

Coleman v. State Ex Rel. Carver

Court: Supreme Court of Florida | Date Filed: 1935-04-05

Citation: 161 So. 89, 119 Fla. 653

Snippet: Commonwealth v. Adams,114 Mass. 323, 16 C. J. 38, 8 R. C. L. 55. Unquestionably, it is within the province

Harrington v. Bowman

Court: Supreme Court of Florida | Date Filed: 1932-07-06

Citation: 143 So. 651, 106 Fla. 86

Snippet: See Jones v. Griffin, 103 Fla. 745,138 Sou. Rep. 38; 8 C. J. 1085. Section 4496 C. G. L., 2809 R. G. S

Foxworth Et Ux. v. Maddox

Court: Supreme Court of Florida | Date Filed: 1931-10-09

Citation: 137 So. 161, 103 Fla. 32

Snippet: due on the purchase money and the further sum of $38.08 as taxes paid by the defendants, and decreed that