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Florida Statute 38.10 | Lawyer Caselaw & Research
F.S. 38.10 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title V
JUDICIAL BRANCH
Chapter 38
JUDGES: GENERAL PROVISIONS
View Entire Chapter
F.S. 38.10
38.10 Disqualification of judge for prejudice; application; affidavits; etc.Whenever a party to any action or proceeding makes and files an affidavit stating fear that he or she will not receive a fair trial in the court where the suit is pending on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated in the manner prescribed by the laws of this state for the substitution of judges for the trial of causes in which the presiding judge is disqualified. Every such affidavit shall state the facts and the reasons for the belief that any such bias or prejudice exists and shall be accompanied by a certificate of counsel of record that such affidavit and application are made in good faith. However, when any party to any action has suggested the disqualification of a trial judge and an order has been made admitting the disqualification of such judge and another judge has been assigned and transferred to act in lieu of the judge so held to be disqualified, the judge so assigned and transferred is not disqualified on account of alleged prejudice against the party making the suggestion in the first instance, or in favor of the adverse party, unless such judge admits and holds that it is then a fact that he or she does not stand fair and impartial between the parties. If such judge holds, rules, and adjudges that he or she does stand fair and impartial as between the parties and their respective interests, he or she shall cause such ruling to be entered on the minutes of the court and shall proceed to preside as judge in the pending cause. The ruling of such judge may be assigned as error and may be reviewed as are other rulings of the trial court.
History.s. 4, ch. 7852, 1919; RGS 2674; s. 1, ch. 9276, 1923; CGL 4341; s. 3, ch. 83-260; s. 212, ch. 95-147.

F.S. 38.10 on Google Scholar

F.S. 38.10 on Casetext

Amendments to 38.10


Arrestable Offenses / Crimes under Fla. Stat. 38.10
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 38.10.



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. RAMIREZ- CORTINAS, 360 F. Supp. 3d 559 (W.D. Tex. 2019)

. . . . § 38.10. . . . PENAL CODE ANN. § 38.10. . . . PENAL CODE ANN. § 38.10(a). . . . The generic elements of Section 38.10, "intentionally or knowingly fails to appear in accordance with . . . In sum, a comparison of the generic elements of Section 38.10 with the generic elements of failure to . . .

HOSPIRA, INC. v. FRESENIUS KABI USA, LLC,, 343 F. Supp. 3d 823 (N.D. Ill. 2018)

. . . (IND Application at JTX 35.63, 35.69; October 1990 IND Supplement, JTX 38 at 38.3, 38.10; Hospira Resp . . . (IND Application at JTX 35.69; October 1990 IND Supplement at JTX 38.10.) . . .

LAW OFFICES OF HERSSEIN AND HERSSEIN, P. A. v. UNITED SERVICES AUTOMOBILE ASSOCIATION,, 271 So. 3d 889 (Fla. 2018)

. . . Legal Standard for Disqualification "A motion to disqualify is governed substantively by section 38.10 . . . State , 221 So.3d 571, 581 (Fla. 2017) (quoting § 38.10, Fla. Stat. (2014) ). . . .

PENA B. L. W. R. S. R. S. A. J. L. J. A. M. C. E. v. STATE, 259 So. 3d 223 (Fla. App. Ct. 2018)

. . . State, 118 So.3d 770, 778 (Fla. 2013) (citing § 38.10, Fla. Stat. (2011) ). . . .

ODONNELL, On v. HARRIS COUNTY,, 328 F. Supp. 3d 643 (S.D. Tex. 2018)

. . . PENAL CODE § 38.10 (bail-jumping and failure-to-appear charges range from Class A misdemeanors to third . . .

ODONNELL, v. HARRIS COUNTY, TEXAS,, 321 F. Supp. 3d 763 (S.D. Tex. 2018)

. . . PENAL CODE § 38.10 (bail-jumping and failure-to-appear charges range from Class A misdemeanors to third . . .

SANDS POINTE OCEAN BEACH RESORT CONDOMINIUM ASSOCIATION, INC. v. AELION, LLC, v. v. v. v. v. G. v. L. v. v. KCC LLC, v. E. v. v. v. v. LLC, v. P. A. v. v. v. v. v. v. v. v. v. v. v. v., 251 So. 3d 950 (Fla. App. Ct. 2018)

. . . Section 38.10, Florida Statutes (2018), requires that the applicant for disqualification file "an affidavit . . .

HENION, v. STATE, 247 So. 3d 537 (Fla. App. Ct. 2018)

. . . of assault in its calculation, which caused appellant's scoresheet to total 38.30 points instead of 38.10 . . .

WALL, Sr. v. STATE, 238 So. 3d 127 (Fla. 2018)

. . . Section 38.10, Florida Statutes (2014), provides substantive entitlement to have a presiding judge who . . .

PETERSON, v. STATE v. L., 221 So. 3d 571 (Fla. 2017)

. . . “A motion to disqualify is governed substantively by section 38.10, Florida Statutes [ (2014) ], and . . . judge” as well as “the facts and the reasons for the belief that any such bias or prejudice exists.” § 38.10 . . . disqualify “may be assigned as error and may be reviewed as are other rulings of the trial court.” § 38.10 . . .

FETZNER, v. STATE, 219 So. 3d 834 (Fla. Dist. Ct. App. 2017)

. . . The sufficiency of a motion to disqualify is governed by section 38.10, Florida Statutes (2015), and . . .

ODONNELL, On v. HARRIS COUNTY, TEXAS,, 251 F. Supp. 3d 1052 (S.D. Tex. 2017)

. . . Penal Code § 38.10. . . . Penal Code § 38.10. . . .

B. ISAN, v. R. ISAN,, 209 So. 3d 40 (Fla. Dist. Ct. App. 2016)

. . . Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2016), and procedurally . . .

LEAKE, v. STATE, 207 So.3d 343 (Fla. Dist. Ct. App. 2016)

. . . In MacKenzie, the supreme court considered whether a judge should have recused herself under section 38.10 . . .

D. PILKINGTON, v. PILKINGTON, 182 So. 3d 776 (Fla. Dist. Ct. App. 2015)

. . . . - Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2014), and procedurally . . .

KLINE, v. JRD MANAGEMENT CORP. CCMSI,, 165 So. 3d 812 (Fla. Dist. Ct. App. 2015)

. . . the Third District Court of Appeal where the trial judge was disqualified for prejudice under section 38.10 . . . footnote, however, the Brown court clarified that a judge is not subject to disqualification under section 38.10 . . . Section 38.10 provides for disqualification of a judge based on a party’s fear that "he will not receive . . .

IN RE L. PARRILLA, 530 B.R. 1 (Bankr. D.P.R. 2015)

. . . The invoice reflects .a total of 38.10 hours for services rendered for this case as of June 27, 2014, . . .

HERNANDEZ, v. STATE, 135 So. 3d 352 (Fla. Dist. Ct. App. 2013)

. . . See § 38.10, Fla. Stat.; Gregory v. State, 118 So.3d 770, 778 (Fla.2013). . . .

In HARPER,, 725 F.3d 1253 (10th Cir. 2013)

. . . Harper, this referee was disqualified under Florida Statute § 38.10 and Canon 3E(1) of Florida’s Judicial . . . We disagree because the statute and canon do not apply- Florida Statute § 38.10 is inapplicable, for . . . Stat. § 38.10 (1995). Similarly, Canon 3E(1) does not apply. . . . Because Florida Statute § 38.10 and Canon 3E(1) do not apply, we reject Mr. . . .

A. GREGORY, v. STATE, 118 So. 3d 770 (Fla. 2013)

. . . “A motion to disqualify is governed substantively by section 38.10, Florida Statutes ... and procedurally . . . judge,” as well as “the facts and the reasons for the belief that any such bias or prejudice exists.” § 38.10 . . . See § 38.10, Fla Stat. (2011). . . .

FLOWERS, v. WRAY,, 511 F. App'x 576 (7th Cir. 2013)

. . . See MGO § 38.10(l)(a). The committee held five days of hearings over the course of a year. . . . Next, Flowers maintains that the term “disorderly house” in Madison’s ordinance, see MGO § 38.10(l)(a . . .

KRAWCZUK, v. STATE v. S., 92 So. 3d 195 (Fla. 2012)

. . . A motion to disqualify is governed by section 38.10, Florida Statutes (2011), and Florida Rule of Judicial . . .

DE LUNA, v. HIDALGO COUNTY, TEXAS,, 853 F. Supp. 2d 623 (S.D. Tex. 2012)

. . . appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10 . . .

In J K FARMS, INC. d b a MS LLC, v. J K d b a MS, 458 B.R. 636 (Bankr. D.D.C. 2011)

. . . 2010_$ 622.18_$ 541.03_$ 81.15 8/23/2010_$1,031.19_$ 896.69_$ 134.50 11/23/2010_$ 292.10_$ 254.00_$ 38.10 . . .

MENDOZA, v. STATE, 87 So. 3d 644 (Fla. 2011)

. . . Substantively, the disqualification of a judge is governed by section 38.10, Florida Statutes (2010). . . .

LOAN v. THE PRUDENTIAL INSURANCE COMPANY OF AMERICA,, 788 F. Supp. 2d 558 (E.D. Ky. 2011)

. . . Total Unbillable Billable _Name Hours Hours Hours Rate Lodestar John Frith Stewart (lead attorney) 38.10 . . .

DAVIS, v. STATE, 53 So. 3d 1220 (Fla. Dist. Ct. App. 2011)

. . . See § 38.10, Fla. Stat. (2010); Fla. R. Jud. Admin. 2.330(g). . . .

In YOUNG BROADCASTING INC., 430 B.R. 99 (Bankr. S.D.N.Y. 2010)

. . . 34 (60.71%) (Class B/Class 2) (78.26%) (21.74%) Noteholder Claims $58,123,000.00 $126,551,000.00 8 (38.10% . . .

A No. E. ERIKSSON, 36 So. 3d 580 (Fla. 2010)

. . . Wisotsky, 781 So.2d 1063, 1065 (Fla.2000) (citing § 38.10, Fla. Stat. (1993)). . . .

MAERSK, INC. A. P. A S, v. NEEWRA, INC. a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a a k a K. a k a Co. W. L. L. Co. Al Al, 687 F. Supp. 2d 300 (S.D.N.Y. 2009)

. . . (E.D.N.Y.1992) (“KAL ”); Red Star Towing, 552 F.Supp. at 371; see also 8 Moore’s Federal Practice § 38.10 . . .

GREENFIELD, v. J. NORTHCUTT, 22 So. 3d 849 (Fla. Dist. Ct. App. 2009)

. . . See also § 38.10, Fla. Stat.; Kokal v. State, 901 So.2d 766, 773-75 (Fla.2005). . . .

FERGUSON, v. SECRETARY FOR THE DEPARTMENT OF CORRECTIONS, A., 580 F.3d 1183 (11th Cir. 2009)

. . . insufficient for three reasons: (1) it did not comply with the technical requirements of Florida Statute 38.10 . . . original motion to recuse pursuant to Florida Rule of Criminal Procedure 3.230 and Florida Statute § 38.10 . . . Neither Rule 3.230 nor Florida Statute 38.10 discussed timeliness for a post-conviction disqualification . . . Stat. § 38.10. . . .

D. H. J. R. a v. DEPARTMENT OF CHILDREN AND FAMILIES,, 12 So. 3d 266 (Fla. Dist. Ct. App. 2009)

. . . . § 38.10, Fla. . . . See also § 38.10, Fla. Stat. (2007). . . . This is in contrast to a motion for disqualification for prejudice under section 38.10 where the judge . . .

FLORIDA FAMILY POLICY COUNCIL, v. B. FREEMAN, a a L. a H. a a, 561 F.3d 1246 (11th Cir. 2009)

. . . . § 38.10. . . . Stat. § 38.10. . . . Its thirteen-page complaint never mentioned § 38.10 or Rule 2.330. . . . The district court did not mention § 38.10 either, probably because Florida Family did not. . . . The chill wind from that asserted penalty will still blow in from § 38.10. . . .

PARKER, v. STATE, 3 So. 3d 974 (Fla. 2009)

. . . A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally . . .

MOSKOWITZ, v. MOSKOWITZ,, 998 So. 2d 660 (Fla. Dist. Ct. App. 2009)

. . . . § 38.10, Fla. Stat. (2008). . . .

WICKHAM, v. STATE v. A., 998 So. 2d 593 (Fla. 2008)

. . . Wickham’s motion to disqualify is governed substantively by section 38.10, Florida Statutes (2001), and . . .

LYNCH, v. STATE v. A., 2 So. 3d 47 (Fla. 2008)

. . . Lynch premised his motion on Florida Rule of Judicial Administration 2.160, section 38.10, Florida Statutes . . . Alleged Judicial Bias A motion to disqualify is governed substantively by section 38.10, Florida Statutes . . .

L. BJORNSON, v. DAVE SMITH MOTORS FRONTIER LEASING AND SALES,, 578 F. Supp. 2d 1269 (D. Idaho 2008)

. . . Cordon billed 38.10 hours on the second invoice, which also included travel time from Seattle to Coeur . . .

PARK PROPERTIES ASSOCIATES, L. P. v. UNITED STATES,, 82 Fed. Cl. 162 (Fed. Cl. 2008)

. . . proof, such conditions subsequent are treated the same as conditions precedent. 13 Williston, supra, § 38.10 . . .

In SEMINOLE WALLS CEILINGS CORP. v., 388 B.R. 386 (M.D. Fla. 2008)

. . . . § 38.10 ("They are in substance conditions precedent to a duty of immediate performance and are subsequent . . .

GRANDVIEW PALACE CONDOMINIUM ASSOCIATION, INC. v. CITY OF NORTH BAY VILLAGE,, 974 So. 2d 1170 (Fla. Dist. Ct. App. 2008)

. . . See § 38.10, Fla. Stat. (2006); Fla. R. Jud. Adm. 2.330. . . .

GORE, v. STATE v., 964 So. 2d 1257 (Fla. 2007)

. . . A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally . . .

GORDON, v. STATE, 960 So. 2d 31 (Fla. Dist. Ct. App. 2007)

. . . Admin. 2.330(g); see § 38.10, Fla. Stat. (2005). . . .

BROWN, a PRESHONG- BROWN v. D. M. GRAHAM, M. D. D. M. M. D. P. A. P. A. d b a M. D. K. MSN, CNM, M. D. M. D. P. A. d b a, 931 So. 2d 961 (Fla. Dist. Ct. App. 2006)

. . . governed procedurally by Florida Rule of Judicial Administration 2.160 and substantively by section 38.10 . . .

SIBLEY, v. LANDO, R. P., 437 F.3d 1067 (11th Cir. 2005)

. . . . § 38.10, a litigant need only file an affidavit stating that he fears he will not receive a fair trial . . . Stat. § 38.10 at the time, therefore, Judge Lan-do retained jurisdiction over Sibley’s case. . . . Stat. § 38.10. . . . Supreme Court has noted that Rule 2.160 governs the process for judicial disqualification, while § 38.10 . . .

M. HOFFMAN, v. V. CROSBY, Jr., 908 So. 2d 1111 (Fla. Dist. Ct. App. 2005)

. . . Suggestion of Disqualification pursuant to Florida Rule of Judicial Administration 2.160 and section 38.10 . . . Under section 38.10 and rule 2.160(f), the county court was required to immediately rule on Hoffman’s . . .

In NATIONAL AUDIT DEFENSE NETWORK, A. Jr. v. f k a SF, 332 B.R. 896 (Bankr. D. Nev. 2005)

. . . Wright & Miller, supra at § 2310; 8 Moore's Federal Practice, at § 38.10[1], . . . .

WEISS, v. BERKETT, As, 907 So. 2d 1181 (Fla. Dist. Ct. App. 2005)

. . . Stat. 38.10 and Rule 2.160(h) of the Judicial Administration Rules” and her “Motion to Vacate Surcharge . . .

VALDES- FAULI, v. F. VALDES- FAULI,, 903 So. 2d 214 (Fla. Dist. Ct. App. 2005)

. . . See § 38.10, Fla.Stat. (2004); Armstrong v. Harris, 773 So.2d 7 (Fla.2000); Peterson v. . . .

CHARLES, v. STATE DEPARTMENT OF CHILDREN AND FAMILIES DISTRICT NINE, 914 So. 2d 1 (Fla. Dist. Ct. App. 2005)

. . . 1.432 was repealed and replaced by Florida Rule of Judicial Administration 2.160 and sections 38.02 and 38.10 . . .

KOKAL, v. STATE, 901 So. 2d 766 (Fla. 2005)

. . . Substantively, the disqualification of a judge is controlled by section 38.10 of the Florida Statutes . . . Both section 38.10 and rule 2.160 provide that a different standard should be utilized for a successive . . . Section 38.10 provides, in relevant part: [W]hen any party to any action has suggested the disqualification . . . holds that it is then a fact that he or she does not stand fair and impartial between the parties. § 38.10 . . .

CITY OF FORT LAUDERDALE, v. PALAZZO LAS OLAS GROUP, LLC, a, 882 So. 2d 1102 (Fla. Dist. Ct. App. 2004)

. . . See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla.2000). . . . A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally . . .

A. ADAMS, A. P. A. v. S. SMITH P. C., 884 So. 2d 287 (Fla. Dist. Ct. App. 2004)

. . . First off, it is important to note that petitioners are mistaken in their reliance on section 38.10, . . .

CHAMBERLAIN, v. STATE, 881 So. 2d 1087 (Fla. 2004)

. . . sentencing Thibault to death, Chamberlain filed a motion to disqualify Judge Mounts pursuant to section 38.10 . . .

HOUSING AUTHORITY OF CITY OF TAMPA, v. BURTON,, 873 So. 2d 356 (Fla. Dist. Ct. App. 2004)

. . . Admin. 2.160(d)(1); see also § 38.10, Fla. Stat. (2002). . . .

MAY, v. SOUTH FLORIDA WATER MANAGEMENT DISTRICT,, 866 So. 2d 205 (Fla. Dist. Ct. App. 2004)

. . . See § 38.10, Fla. Stat. (2003). The attorney's erroneous advice needlessly disrupted the court. . . .

COLEMAN, v. STATE, 866 So. 2d 209 (Fla. Dist. Ct. App. 2004)

. . . ) (ruling on motion to dismiss while motion to recuse was pending violated Florida Statutes section 38.10 . . .

J. B. PARKER, v. STATE, 873 So. 2d 270 (Fla. 2004)

. . . See § 38.10, Fla. . . .

SEWELL MASONRY COMPANY, v. DCC CONSTRUCTION, INC., 862 So. 2d 893 (Fla. Dist. Ct. App. 2003)

. . . The court explained that section 38.10, Florida Statutes, and Florida Rule of Judicial Administration . . .

SIEGEL, v. STATE, 861 So. 2d 90 (Fla. Dist. Ct. App. 2003)

. . . Judge Alemán, pursuant to rule 2.160(d)(1) of the Florida Rules of Judicial Administration and section 38.10 . . .

UNITED STATES v. McHAN v. v., 345 F.3d 262 (4th Cir. 2003)

. . . Practice ¶ 38.10[2][b] (3d ed. 2003) (“If the issue, in its modern context, is such that it would have . . .

FLORIDA WATER SERVICES CORPORATION, v. M. ROBINSON,, 856 So. 2d 1035 (Fla. Dist. Ct. App. 2003)

. . . Florida Water concedes neither section 38.10 nor rule 2.160, which govern disqualification of trial judges . . . Governor may appoint a substitute to serve in the matter from which the individual is disqualified .... . 38.10 . . .

UNITED STATES, v. McCOLLUM, U. S., 58 M.J. 323 (C.A.A.F. 2003)

. . . . § 38.10 (Vernon Supp.1999) provides an exception to the marital communications privilege where a person . . .

TABLEAU FINE ART GROUP, INC. v. J. JACOBONI,, 853 So. 2d 299 (Fla. 2003)

. . . Additionally, section 38.10, Florida Statues (2000), gives parties the right to seek disqualification . . . Rule 2.160 governs the process for judicial disqualification, while section 38.10 controls the substantive . . .

METRONET SERVICES CORPORATION v. US WEST COMMUNICATIONS,, 329 F.3d 986 (9th Cir. 2003)

. . . February 1998, the WUTC ordered Qwest to reduce its rates for 1FB lines by more than 31 percent (from $38.10 . . .

SHAH, v. B. HARDING,, 839 So. 2d 765 (Fla. Dist. Ct. App. 2003)

. . . to a trial court, the trial judge is required to immediately rule on the motion pursuant to Section 38.10 . . .

PETERSON, v. ASKLIPIOUS,, 833 So. 2d 262 (Fla. Dist. Ct. App. 2002)

. . . See § 38.10, Fla. Stat.; Armstrong v. . . . A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally . . .

NIX, v. STATE, 835 So. 2d 290 (Fla. Dist. Ct. App. 2002)

. . . . § 38.10 (2001); Fla. R. Judicial Admin. 2.160(c); Lett v. . . .

G. DYE, v. SECURITY PACIFIC FINANCIAL SERVICES, INC., 828 So. 2d 1089 (Fla. Dist. Ct. App. 2002)

. . . Although the primary basis for the supreme court’s decision turned on a construction of section 38.10 . . .

In CLARK, Jr., 289 B.R. 193 (Bankr. M.D. Fla. 2002)

. . . . § 38.10 and Canon 3C of the Code of Judicial Conduct. . . . In addition, Brook noted that the recusal of a federal judge is not governed either by § 38.10 Fla. . . . Stat. § 38.10 or by a State Court Rule dealing with the recusal of a judicial officer. . . .

BARNHILL, III, v. STATE, 834 So. 2d 836 (Fla. 2002)

. . . Section 38.10, Florida Statutes (2001), gives litigants the substantive right to seek disqualification . . . Section 38.10, provides in pertinent part: Whenever a party to any action or proceeding makes and files . . .

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE NAACP v. ACUSPORT CORPORATION RSR RSR Of NAACP v., 226 F. Supp. 2d 391 (E.D.N.Y. 2002)

. . . Moore et al, Moore’s Federal Practice § 38.10[3][a][iii] (3rd ed.2002). . . .

ZUCHEL, v. STATE, 824 So. 2d 1044 (Fla. Dist. Ct. App. 2002)

. . . See § 38.10, Fla. Stat.; Armstrong v. . . . A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally . . .

MARSEILLES HYDRO POWER, LLC, v. MARSEILLES LAND AND WATER COMPANY,, 299 F.3d 643 (7th Cir. 2002)

. . . American Trans Air, Inc., supra, 86 F.3d at 668; 8 Moore’s Federal Practice § 38.10[4][a], p. 38-49 ( . . .

DOE, Mr. DOE, v. PUBLIX SUPER MARKETS, INC., 814 So. 2d 1249 (Fla. Dist. Ct. App. 2002)

. . . Both section 38.10 and rule 2.160 provide that once a motion to recuse is granted, the trial judge may . . .

AMATO, v. WINN DIXIE STORES SEDGWICK JAMES,, 810 So. 2d 979 (Fla. Dist. Ct. App. 2002)

. . . . § 38.10, Florida Statutes (1999); Armstrong v. . . .

ENTERPRISE LEASING COMPANY, v. JONES,, 789 So. 2d 964 (Fla. 2001)

. . . Section 38.10, Florida Statutes (1999), gives litigants the substantive right to seek disqualification . . . Section 38.10 provides, in pertinent part: Whenever a party to any action or proceeding makes and files . . .

GATES, v. STATE, 784 So. 2d 1235 (Fla. Dist. Ct. App. 2001)

. . . litigant’s substantive right to seek disqualification of an allegedly biased judge is provided by section 38.10 . . .

SWEET, a k a v. SHEAHAN, N. L. SCM SCM f k a SCM O d b a O E. I. De Co., 235 F.3d 80 (2d Cir. 2000)

. . . . § 38.10 and 40 C.F.R. § 745.102). . . .

FUSTER- ESCALONA, v. J. WISOTSKY,, 781 So. 2d 1063 (Fla. 2000)

. . . Section 38.10, Florida Statutes (1993), provides: Disqualification of judge for prejudice; application . . . by a certificate of counsel of record that such affidavit and application are made in good faith. § 38.10 . . . See § 38.10, Fla. Stat. (1993). . . . and that the trial court’s failure to act immediately on the motion to disqualify violated section 38.10 . . .

ENTERPRISE LEASING COMPANY, v. JONES,, 750 So. 2d 114 (Fla. Dist. Ct. App. 1999)

. . . The respondents, on the other hand, rely on the express language of section 38.10, Florida Statutes ( . . .

CTA INCORPORATED, v. UNITED STATES,, 44 Fed. Cl. 684 (Fed. Cl. 1999)

. . . Henderson stated that the average hourly price for all employees was $70.81, leaving a shortfall of $38.10 . . .

D. QUINCE, v. STATE, 732 So. 2d 1059 (Fla. 1999)

. . . ’s motion was governed by rule 2.160(g) of the Florida Rules of Judicial Administration and section 38.10 . . . and holds that it is then a fact that he does not stand fair and impartial between the parties.” § 38.10 . . . Section 38.10, Florida Statutes (1995), states in pertinent part: [Wjhen any party to any action has . . . such judge may be assigned as error and may be reviewed as are other rulings of the trial court. § 38.10 . . . See § 38.10, Fla. . . .

GARNER, v. GARNER,, 733 So. 2d 551 (Fla. Dist. Ct. App. 1999)

. . . . § 38.10, Fla. Stat. (1997). Affirmed. . . .

SMITH, v. SANTA ROSA ISLAND AUTHORITY,, 729 So. 2d 944 (Fla. Dist. Ct. App. 1998)

. . . Section 38.10, Florida Statutes, gives litigants the substantive right to seek disqualification of a . . .

T. GOINES, v. STATE, 708 So. 2d 656 (Fla. Dist. Ct. App. 1998)

. . . Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. . . .

A. FOGAN, v. J. FOGAN,, 706 So. 2d 382 (Fla. Dist. Ct. App. 1998)

. . . See § 38.10, Fla. Stat. (1997). . . .

LONG TERM MANAGEMENT, INC. v. UNIVERSITY NURSING CARE CENTER, INC., 704 So. 2d 669 (Fla. Dist. Ct. App. 1997)

. . . The statute governing disqualification of a judge for prejudice, section 38.10, Florida Statutes, states . . .

W. SHELLEY, v. TRAFALGAR HOUSE PUBLIC LIMITED CO., 987 F. Supp. 84 (D.P.R. 1997)

. . . Moore, Federal Practice § 38.10[1][d] (3d ed.1997) (citing Prudential Oil Corp. v. . . .

W. I. a v. STATE, 696 So. 2d 457 (Fla. Dist. Ct. App. 1997)

. . . Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995). Cf. . . .

NORRIS, v. STATE, 695 So. 2d 922 (Fla. Dist. Ct. App. 1997)

. . . See § 38.10, Fla.Stat. (1995). She was also “permitted to explain the status of the record.” . . .

MONROE COUNTY, v. E. GARCIA,, 695 So. 2d 823 (Fla. Dist. Ct. App. 1997)

. . . The total hours expended include 38.10 hours in court and 251.35 hours out of court. . . . .

RUCKS, v. STATE, 692 So. 2d 976 (Fla. Dist. Ct. App. 1997)

. . . Section 38.10, Florida Statutes (1995), embodies the substantive right to pursue the disqualification . . . apply if the motion to disqualify the trial judge is filed after judgment; the protections of section 38.10 . . .

WILLIAMS, v. STATE, 689 So. 2d 393 (Fla. Dist. Ct. App. 1997)

. . . . —, 116 S.Ct. 823, 133 L.Ed.2d 766 (1996); § 38.10, Fla. Stat. (1995); Fla. R. Jud. Admin. 2.160. . . .

G. LAGES, v. STATE, 685 So. 2d 968 (Fla. Dist. Ct. App. 1996)

. . . response to the petition asserted that the petition was legally insufficient because: Florida Statute 38.10 . . . We conclude that neither section 38.10, Florida Statutes (1995), nor Florida Rule of Judicial Administration . . .

DAVIS, v. STATE, 670 So. 2d 1036 (Fla. Dist. Ct. App. 1996)

. . . The requirements of section 38.10, Florida Statutes (1993), were met. . . . .” § 38.10, Fla.Stat. (1993). Because the facts of this case do not support a recusal, we affirm. . . .

OCASO, S. A. COMPA IA DE SEGUROS Y REASEGUROS, v. PUERTO RICO MARITIME SHIPPING AUTHORITY,, 915 F. Supp. 1244 (D.P.R. 1996)

. . . the insured to procure the policy, concealment by him of material facts avoids the policy. 9 Couch § 38.10 . . .

CAVE, v. STATE, 660 So. 2d 705 (Fla. 1995)

. . . Administration, rule 3.230 of the Florida Rules of Criminal Procedure, and sections 38.01, 38.02, 38.09 and 38.10 . . . Section 38.10 states in part: 38.10 Disqualification of judge for prejudice; application; affidavits; . . . by a certificate of counsel of record that such affidavit and application are made in good faith. § 38.10 . . . Section 38.10 provides the substantive right to seek disqualification, whereas rule 2.160 controls the . . . Section 38.10 and rule 2.160, however, are directly applicable and form a basis for our opinion. .The . . .

TIME WARNER ENTERTAINMENT COMPANY, L. P. v. P. BAKER,, 647 So. 2d 1070 (Fla. Dist. Ct. App. 1994)

. . . Section 38.10, Florida Statutes (1993), gives Time Warner the substantive right to seek disqualification . . .