Florida Statute 38.09 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.09

38.09 Designation of judge to hear cause when order of disqualification entered.—Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order of assignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event any judge is disqualified as herein provided, upon application for any temporary writ of injunction or habeas corpus, the judge shall immediately enter an order of disqualification, whereupon the cause may be presented to any other judge of a court of the same jurisdiction as the court in which that cause is pending; and it shall be the duty of any such judge to hear and determine such matters until a substitute judge is so designated.

History.—s. 10, ch. 16053, 1933; CGL 1936 Supp. 4155(9); s. 11, ch. 63-572; s. 20, ch. 73-333; s. 2, ch. 83-260; s. 211, ch. 95-147.

F.S. 38.09 on Google Scholar

F.S. 38.09 on Casetext

Amendments to 38.09

Arrestable Offenses / Crimes under Fla. Stat. 38.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.09.

Annotations, Discussions, Cases:

Cases Citing Statute 38.09

Total Results: 16

ANDREW SOCOL v. KELLI SOCOL

Court: District Court of Appeal of Florida | Date Filed: 2020-03-04

Snippet: trial. The parties stipulated those fees amounted to 38.9 hours at a $400 hourly rate. However, in the

The Florida Bar v. Jacqueline Marie Kinsella

Court: Supreme Court of Florida | Date Filed: 2018-12-20

Citation: 260 So. 3d 1046

Snippet: practice of law. Id. at 1037-38. -9- Although this Court

The League of Women Voters of Florida, etc. v. Ken Detzner Opinion

Court: Supreme Court of Florida | Date Filed: 2015-07-09

Citation: 172 So. 3d 363, 2015 WL 4130852

Snippet: election, and Jim Davis (D) would have received 38.9% of the two-party vote in the 2006 gubernatorial

State Farm Mutual Automobile Insurance Co. v. Curran

Court: District Court of Appeal of Florida | Date Filed: 2011-12-02

Citation: 83 So. 3d 793, 2011 Fla. App. LEXIS 19186, 2011 WL 6003288

Snippet: contracts. IB Richard A. Lord, Williston on Contracts § 38:9 (4th ed.2000) (footnotes omitted); see also Seitter

Chames v. DeMayo

Court: Supreme Court of Florida | Date Filed: 2007-12-20

Citation: 972 So. 2d 850, 2007 WL 4440212

Snippet: 392, 394 (1906); West Virginia: W. Va.Code Ann. § 38-9-6 (2005); Wisconsin: Wis. Stat. Ann. § 815.18(6)(a)

Ago

Court: Florida Attorney General Reports | Date Filed: 2006-03-08

Snippet: CC/tjw 1 You state that of that amount approximately 38.9 million dollars is for the potable water system

Long Term Managmt. v. Univ. Nursing Care

Court: District Court of Appeal of Florida | Date Filed: 1997-12-12

Citation: 704 So. 2d 669

Snippet: disqualification has been entered is governed by section 38.09, Florida Statutes, which provides: Every judge of

Cave v. State

Court: Supreme Court of Florida | Date Filed: 1995-09-21

Citation: 660 So. 2d 705, 1995 WL 555315

Snippet: Criminal Procedure, and sections 38.01, 38.02, 38.09 and 38.10 of the Florida Statutes (1991).[3] Rule

Lowery v. Kaplan

Court: District Court of Appeal of Florida | Date Filed: 1995-02-01

Citation: 650 So. 2d 114, 1995 WL 36099

Snippet: Supreme Court's handling of this problem before Rule 38.9 was adopted. The Court had already denied abusive

Ago

Court: Florida Attorney General Reports | Date Filed: 1993-07-29

Snippet: on the breadth of the request can stand); AGO 92-38. 9 Section 119.07(1)(b), F.S. (1992 Supp.), also authorizes

Witzky v. WEST COAST DUP. & CLAIMS CENTER

Court: District Court of Appeal of Florida | Date Filed: 1987-03-10

Citation: 503 So. 2d 1327, 12 Fla. L. Weekly 723, 1987 Fla. App. LEXIS 12007

Snippet: the salespeople until the equipment is paid. (R. 38-9). Thurman did not dispute claimant's testimony that

H. I. Resorts, Inc. v. Touchton

Court: District Court of Appeal of Florida | Date Filed: 1976-10-06

Citation: 337 So. 2d 854, 1976 Fla. App. LEXIS 15501

Snippet: verdict of $26,375.2 By stipulation of the parties $6,038.09 was added to the verdict. After allowing $788.57

Riess v. Goldman

Court: District Court of Appeal of Florida | Date Filed: 1967-03-07

Citation: 196 So. 2d 184, 1967 Fla. App. LEXIS 4997

Snippet: Fla.App.1964, 161 So2d 54; 8 Fla.Jur., Costs, § 38; 9 Fla.Jur., Damages, § 77; 25 C.J.S. Damages § 50c

Reddick v. State

Court: District Court of Appeal of Florida | Date Filed: 1966-10-05

Citation: 190 So. 2d 340

Snippet: (5 CA 1960); Black v. United States, 269 F.2d 38 (9 CA 1959); Taylor v. United States, 229 F.2d 826

In re Advisory Opinion to the Governor

Court: Supreme Court of Florida | Date Filed: 1956-03-14

Citation: 86 So. 2d 158, 1956 Fla. LEXIS 3636

Snippet: disqualification. We expressed the opinion that Sec. 38.09, Florida Statutes 1951, and F.S.A., furnished the

In re Advisory Opinion to the Governor

Court: Supreme Court of Florida | Date Filed: 1953-02-18

Citation: 63 So. 2d 274, 1953 Fla. LEXIS 1088

Snippet: question of whether the Governor, acting under section 38.09, Florida Statutes [F.S.A.] (there being no provision