Florida Statute 38.8 - Full Text and Legal Analysis

The 2025 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.

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Amendments to 38.08

Annotations, Discussions, Cases:

Cases Citing Statute 38.08

Total Results: 1

Gossett v. Hanlon

195 So. 2d 865

District Court of Appeal of Florida | Filed: Feb 13, 1967 | Docket: 1663024

Cited 4 times | Published

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