Florida Statute 38.10 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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F.S. 38.10

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.

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Amendments to 38.10

Annotations, Discussions, Cases:

Cases Citing Statute 38.10

Total Results: 191

Montgomery Blair Sibley v. Maxine Cohen Lando

437 F.3d 1067, 2005 WL 3164152, 2005 U.S. App. LEXIS 26183

Court of Appeals for the Eleventh Circuit | Filed: Nov 29, 2005 | Docket: 2040157

Cited 180 times | Published

unlawful. Sibley asserts that, under Fla. Stat. § 38.10, a litigant need only file an affidavit stating

MacKenzie v. Super Kids Bargain Store, Inc.

565 So. 2d 1332, 1990 WL 103138

Supreme Court of Florida | Filed: Jul 19, 1990 | Docket: 721261

Cited 158 times | Published

have granted the motions for disqualification. Section 38.10, Florida Statutes (1987), gives litigants a

Livingston v. State

441 So. 2d 1083

Supreme Court of Florida | Filed: Oct 27, 1983 | Docket: 2518658

Cited 119 times | Published

Fleet. In this motion, which was filed under section 38.10, Florida Statutes (1979), appellant set forth

Chamberlain v. State

881 So. 2d 1087, 2004 WL 1348732

Supreme Court of Florida | Filed: Jun 17, 2004 | Docket: 1465878

Cited 87 times | Published

motion to disqualify Judge Mounts pursuant to section 38.10, Florida Statutes (2001). Chamberlain alleged

Fischer v. Knuck

497 So. 2d 240, 11 Fla. L. Weekly 574

Supreme Court of Florida | Filed: Nov 6, 1986 | Docket: 1689721

Cited 84 times | Published

The Code of Judicial Conduct Canon 3-C; (2) section 38.10, Florida Statutes (1981); (3) Florida Rule of

Barnhill v. State

834 So. 2d 836, 2002 WL 31259897

Supreme Court of Florida | Filed: Oct 10, 2002 | Docket: 57197

Cited 70 times | Published

the ruling that the motion was insufficient. Section 38.10, Florida Statutes (2001), gives litigants the

Ferguson Ex Rel. Ferguson v. Secretary for the Department of Corrections

580 F.3d 1183, 2009 U.S. App. LEXIS 19198, 22 Fla. L. Weekly Fed. C 113

Court of Appeals for the Eleventh Circuit | Filed: Aug 26, 2009 | Docket: 42205

Cited 69 times | Published

comply with the technical requirements of Florida Statute 38.10 and Florida Rule of Criminal Procedure 3

Hayslip v. Douglas

400 So. 2d 553

District Court of Appeal of Florida | Filed: Jul 1, 1981 | Docket: 1263065

Cited 54 times | Published

requirements of Rule 1.432, Fla.R. Civ.P. and Section 38.10, Florida Statutes (1979). First, the motion

William Taylor v. City of Fort Lauderdale, Leo Callahan, Etc., Donald R. Hall, Etc., Defendants

810 F.2d 1551

Court of Appeals for the Eleventh Circuit | Filed: Apr 6, 1987 | Docket: 806648

Cited 46 times | Published

inspector. Plaintiffs were also required, under § 38-10, to make detailed financial disclosures about the

Parker v. State

873 So. 2d 270, 2004 WL 112875

Supreme Court of Florida | Filed: Jan 22, 2004 | Docket: 1732876

Cited 44 times | Published

make additional rulings on Parker's case. See § 38.10, Fla. Stat. (2003) (stating that whenever a party

Gregory v. State

118 So. 3d 770, 38 Fla. L. Weekly Supp. 471, 2013 WL 3214455, 2013 Fla. LEXIS 1308

Supreme Court of Florida | Filed: Jun 27, 2013 | Docket: 60233430

Cited 42 times | Published

to disqualify is governed substantively by section 38.10, Florida Statutes ... and procedurally by Florida

Parker v. State

3 So. 3d 974, 34 Fla. L. Weekly Supp. 37, 2009 Fla. LEXIS 39, 2009 WL 137502

Supreme Court of Florida | Filed: Jan 22, 2009 | Docket: 1652899

Cited 39 times | Published

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

Gore v. State

964 So. 2d 1257, 2007 WL 1932061

Supreme Court of Florida | Filed: Jul 5, 2007 | Docket: 1241989

Cited 28 times | Published

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

Quince v. State

732 So. 2d 1059, 1999 WL 189825

Supreme Court of Florida | Filed: Apr 8, 1999 | Docket: 460387

Cited 27 times | Published

Florida Rules of Judicial Administration and section 38.10, Florida Statutes (1995).[4] Both the rule and

Cave v. State

660 So. 2d 705, 1995 WL 555315

Supreme Court of Florida | Filed: Sep 21, 1995 | Docket: 2451253

Cited 27 times | Published

the motion. Fla.R.Jud.Admin. 2.160(d), (f). Section 38.10 states in part: 38.10 Disqualification of judge

In Re Estate of Carlton

378 So. 2d 1212

Supreme Court of Florida | Filed: Mar 8, 1979 | Docket: 1794465

Cited 27 times | Published

learned of such grounds of disqualification. Section 38.10 requires that the affidavit of disqualification

Sikes v. Seaboard Coast Line R. Co.

429 So. 2d 1216

District Court of Appeal of Florida | Filed: Mar 9, 1983 | Docket: 1667487

Cited 25 times | Published

requirements of a recusal motion embodied in Section 38.10, Florida Statutes.[8] Among other requirements

Kokal v. State

901 So. 2d 766, 2005 WL 67027

Supreme Court of Florida | Filed: Apr 28, 2005 | Docket: 1666338

Cited 24 times | Published

disqualification of a judge is controlled by section 38.10 of the Florida Statutes, while procedurally

Caleffe v. Vitale

488 So. 2d 627, 65 A.L.R. 4th 67

District Court of Appeal of Florida | Filed: May 14, 1986 | Docket: 1231930

Cited 24 times | Published

filed a motion for disqualification pursuant to Section 38.10, Florida Statutes and Florida Rule of Civil

Dragovich v. State

492 So. 2d 350, 11 Fla. L. Weekly 236

Supreme Court of Florida | Filed: May 29, 1986 | Docket: 478424

Cited 20 times | Published

disqualification of the trial judge, pursuant to section 38.10, Florida Statutes (1983). Appellant's motion

Alepgo Corporation v. Pozin

114 So. 2d 645

District Court of Appeal of Florida | Filed: Aug 20, 1959 | Docket: 1513587

Cited 20 times | Published

disqualification and the same is hereby denied. See § 38.10, Fla. Stat., F.S.A. and Ball v. Yates, 158 Fla

Pilkington v. Pilkington

182 So. 3d 776, 2015 Fla. App. LEXIS 19520, 2015 WL 9491806

District Court of Appeal of Florida | Filed: Dec 31, 2015 | Docket: 60252818

Cited 19 times | Published

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

Fuster-Escalona v. Wisotsky

781 So. 2d 1063, 2000 WL 1752206

Supreme Court of Florida | Filed: Nov 30, 2000 | Docket: 1293857

Cited 19 times | Published

1053, 1054 (Fla. 4th DCA 1998). We disagree. Section 38.10, Florida Statutes (1993), provides: Disqualification

Long Term Managmt. v. Univ. Nursing Care

704 So. 2d 669, 22 Fla. L. Weekly Fed. D 2775

District Court of Appeal of Florida | Filed: Dec 12, 1997 | Docket: 1706066

Cited 19 times | Published

disqualification of a judge for prejudice, section 38.10, Florida Statutes, states in part: Whenever

Lightbourne v. Dugger

549 So. 2d 1364, 1989 WL 126001

Supreme Court of Florida | Filed: Jul 20, 1989 | Docket: 1719889

Cited 19 times | Published

Dewell, 131 Fla. at 573, 179 So. at 697-98). Accord § 38.10, Fla. Stat. (1987). See also State ex rel. Aguiar

Parsons v. Motor Homes of America

465 So. 2d 1285, 10 Fla. L. Weekly 576

District Court of Appeal of Florida | Filed: Mar 7, 1985 | Docket: 1695098

Cited 19 times | Published

insufficient because it was not in compliance with Section 38.10, Florida Statutes and Florida Rule of Civil

Florida Family Policy Council v. Freeman

561 F.3d 1246, 2009 U.S. App. LEXIS 5109, 2009 WL 565682

Court of Appeals for the Eleventh Circuit | Filed: Mar 6, 2009 | Docket: 1596746

Cited 16 times | Published

constitutionality of, or even mention, Fla. Stat. § 38.10. Section 38.10, along with its procedural Rule of Judicial

State v. Shaw

643 So. 2d 1163, 1994 WL 551460

District Court of Appeal of Florida | Filed: Oct 12, 1994 | Docket: 1493142

Cited 15 times | Published

prohibition merely recited the statutory language of section 38.10, Florida Statutes (1993). In this case, the

Brown v. St. George Island, Ltd.

561 So. 2d 253, 15 Fla. L. Weekly Supp. 231, 1990 Fla. LEXIS 553, 1990 WL 49770

Supreme Court of Florida | Filed: Apr 19, 1990 | Docket: 1740172

Cited 15 times | Published

unarticulated question of how to interpret section 38.10, Florida Statutes (1989). We have jurisdiction

Pritikin v. Thurman

311 F. Supp. 1400, 1970 U.S. Dist. LEXIS 11980

District Court, S.D. Florida | Filed: Apr 22, 1970 | Docket: 1947594

Cited 15 times | Published

court held unconstitutional subsection (a) of Section 38-10, the City of Miami disorderly conduct ordinance

Pritikin v. Thurman

311 F. Supp. 1400, 1970 U.S. Dist. LEXIS 11980

District Court, S.D. Florida | Filed: Apr 22, 1970 | Docket: 1947594

Cited 15 times | Published

court held unconstitutional subsection (a) of Section 38-10, the City of Miami disorderly conduct ordinance

Enterprise Leasing Co. v. Jones

789 So. 2d 964, 2001 WL 746654

Supreme Court of Florida | Filed: Jul 5, 2001 | Docket: 2553113

Cited 14 times | Published

exercise our discretion to retain jurisdiction. Section 38.10, Florida Statutes (1999), gives litigants the

Michaud-Berger v. Hurley

607 So. 2d 441, 17 Fla. L. Weekly Fed. D 2201

District Court of Appeal of Florida | Filed: Sep 18, 1992 | Docket: 284236

Cited 14 times | Published

is all that is required under the statute. See § 38.10, Fla. Stat. (1991). True, case law has engrafted

Barber v. MacKenzie

562 So. 2d 755, 1990 WL 62853

District Court of Appeal of Florida | Filed: May 15, 1990 | Docket: 1231931

Cited 14 times | Published

entered by the trial court. He argues that under section 38.10, Florida Statutes (1989) and Rule 1.432, Florida

Gieseke v. Grossman

418 So. 2d 1055

District Court of Appeal of Florida | Filed: Jul 28, 1982 | Docket: 1685891

Cited 13 times | Published

and substantiating affidavits as required by Section 38.10, Florida Statutes (1981). Petitioner's motion

Brewton v. Kelly

166 So. 2d 834

District Court of Appeal of Florida | Filed: Aug 19, 1964 | Docket: 1684191

Cited 13 times | Published

and impartial trial. Florida Statutes Annotated, § 38.10 sets up the procedure for disqualification of a

Valdes-Fauli v. Valdes-Fauli

903 So. 2d 214, 2005 WL 435500

District Court of Appeal of Florida | Filed: Feb 17, 2005 | Docket: 1258326

Cited 12 times | Published

is legally sufficient as a matter of law. See § 38.10, Fla. Stat. (2004); Armstrong v. Harris, 773 So

Tableau Fine Art Group, Inc. v. Jacoboni

853 So. 2d 299, 28 Fla. L. Weekly Supp. 412, 2003 Fla. LEXIS 824, 2003 WL 21191751

Supreme Court of Florida | Filed: May 22, 2003 | Docket: 1189516

Cited 12 times | Published

160(e)-(f) (emphasis added). Additionally, section 38.10, Florida Statues (2000), gives parties the right

Goines v. State

708 So. 2d 656, 1998 WL 158828

District Court of Appeal of Florida | Filed: Apr 8, 1998 | Docket: 1528315

Cited 12 times | Published

240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995)." 696 So.2d at 458.[4] In

In Re Seminole Walls & Ceilings Corp.

388 B.R. 386

District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 1100962

Cited 11 times | Published

precedent in effect." Id. § 38.9; see also id. § 38.10 ("They are in substance conditions precedent to

Breakstone v. MacKenzie

561 So. 2d 1164, 1989 WL 137619

District Court of Appeal of Florida | Filed: Sep 14, 1989 | Docket: 381352

Cited 11 times | Published

found in the Code of Judicial Conduct and in section 38.10, Florida Statutes (1987). The Code of Judicial

Mendoza v. State

87 So. 3d 644, 36 Fla. L. Weekly Supp. 427, 2011 Fla. LEXIS 1581, 2011 WL 2652193

Supreme Court of Florida | Filed: Jul 8, 2011 | Docket: 60308025

Cited 9 times | Published

disqualification of a judge is governed by section 38.10, Florida Statutes (2010). This Court’s review

BROWN EX REL. PRESHONG-BROWN v. Graham

931 So. 2d 961, 2006 WL 1328911

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 1522307

Cited 9 times | Published

Judicial Administration 2.160 and substantively by section 38.10, Florida Statutes, and the case law applying

Mobil v. Trask

463 So. 2d 389, 10 Fla. L. Weekly 261

District Court of Appeal of Florida | Filed: Jan 29, 1985 | Docket: 449030

Cited 9 times | Published

petitioner's "motion to recuse," filed pursuant to § 38.10, Florida Statutes (1981). We deny the petition

Coastal Petroleum Co. v. Mobil Oil Corp.

378 So. 2d 336, 1980 Fla. App. LEXIS 15599

District Court of Appeal of Florida | Filed: Jan 11, 1980 | Docket: 1794349

Cited 9 times | Published

February 21, 1979. The procedure provided by Section 38.10, Fla. Stat. (1977) relates to disqualification

Data Lease Fin. Corp. v. BLACKHAWK HEAT. & P. CO. INC.

325 So. 2d 475

District Court of Appeal of Florida | Filed: Dec 12, 1975 | Docket: 1670755

Cited 9 times | Published

limit as we supposed, appellants relied upon Fla. Stat. 38.10 in challenging the qualification of the trial

Raybon v. Burnette

135 So. 2d 228

District Court of Appeal of Florida | Filed: Dec 6, 1961 | Docket: 1293472

Cited 9 times | Published

disqualification of the trial judge as authorized by Section 38.10, Florida Statutes, F.S.A. To bring this section

Hahn v. Frederick

66 So. 2d 823, 1953 Fla. LEXIS 1606

Supreme Court of Florida | Filed: Jul 24, 1953 | Docket: 1238465

Cited 9 times | Published

and affidavit pursuant to the provisions of section 38.10, Florida Statutes 1951, F.S.A., suggesting the

Lynch v. State

2 So. 3d 47, 2008 WL 4809783

Supreme Court of Florida | Filed: Jan 30, 2009 | Docket: 1643648

Cited 8 times | Published

Florida Rule of Judicial Administration 2.160,6 section 38.10, Florida Statutes (2006), and Canon 3E(1) of

Adkins v. Winkler

592 So. 2d 357, 1992 WL 13628

District Court of Appeal of Florida | Filed: Jan 16, 1992 | Docket: 1429439

Cited 8 times | Published

DCA), review denied, 440 So.2d 353 (Fla. 1983); § 38.10, Fla. Stat. (1987); Fla. R.Civ.P. 1.432. In the

Livingston Ex Rel. Walker v. Garmire

308 F. Supp. 472, 1970 U.S. Dist. LEXIS 13180

District Court, S.D. Florida | Filed: Jan 16, 1970 | Docket: 1132964

Cited 8 times | Published

disorderly conduct under subsections (a) and (f) of § 38-10, Miami City Code, commonly known as the "disorderly

In Re Eriksson

36 So. 3d 580, 2010 WL 455267

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 2409510

Cited 7 times | Published

Wisotsky, 781 So.2d 1063, 1065 (Fla.2000) (citing § 38.10, Fla. Stat. (1993)). Even if Judge Eriksson justifiably

Peterson v. Asklipious

833 So. 2d 262, 2002 WL 31870363

District Court of Appeal of Florida | Filed: Dec 26, 2002 | Docket: 1675591

Cited 7 times | Published

is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla

Amato v. Winn Dixie Stores/Sedgwick James

810 So. 2d 979, 2002 Fla. App. LEXIS 1357, 2002 WL 205778

District Court of Appeal of Florida | Filed: Feb 12, 2002 | Docket: 1654741

Cited 7 times | Published

defer to the trial court on questions of law. § 38.10, Florida Statutes (1999); Armstrong v. Harris,

Williams v. State

689 So. 2d 393, 1997 WL 90815

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 1739301

Cited 7 times | Published

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

CH2M Hill Southeast, Inc. v. Pinellas County

598 So. 2d 85, 1992 Fla. App. LEXIS 2504, 1992 WL 45705

District Court of Appeal of Florida | Filed: Mar 13, 1992 | Docket: 2517933

Cited 7 times | Published

transcript. The trial judge denied the motions. Section 38.10, Florida Statutes (1989), and Florida Rule of

State Ex Rel. Allen v. BD. OF PUBLIC INSTRUCTION OF BROWARD CTY.

214 So. 2d 7

District Court of Appeal of Florida | Filed: Sep 5, 1968 | Docket: 1336314

Cited 7 times | Published

supporting affidavits, pursuant to F.S. 1967, Section 38.10, F.S.A., which section relators contend is made

Oncay v. Oncay

183 So. 2d 878

District Court of Appeal of Florida | Filed: Mar 15, 1966 | Docket: 1549733

Cited 7 times | Published

prejudice. A motion for disqualification under § 38.10, Fla. Stat., F.S.A. was filed by the wife without

Sewell Masonry Co. v. DCC Const., Inc.

862 So. 2d 893, 2003 Fla. App. LEXIS 19250, 2003 WL 22970872

District Court of Appeal of Florida | Filed: Dec 19, 2003 | Docket: 1763153

Cited 6 times | Published

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

Zuchel v. State

824 So. 2d 1044, 2002 WL 2009915

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 1435072

Cited 6 times | Published

is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla

Rucks v. State

692 So. 2d 976, 1997 WL 208044

District Court of Appeal of Florida | Filed: Apr 30, 1997 | Docket: 435659

Cited 6 times | Published

this household consists of a same-sex couple? Section 38.10, Florida Statutes (1995), embodies the substantive

PATRM v. Reynolds

571 So. 2d 493

District Court of Appeal of Florida | Filed: Dec 18, 1990 | Docket: 1653315

Cited 6 times | Published

2, 1990, and sought disqualification under section 38.10, Florida Statutes, and Florida Rule of Civil

St. George Island, Ltd. v. Rudd

547 So. 2d 958, 1989 WL 80720

District Court of Appeal of Florida | Filed: Jul 18, 1989 | Docket: 1474511

Cited 6 times | Published

therefore contend that the second portion of section 38.10, Florida Statutes (1987), should control Judge

Pistorino v. Ferguson

386 So. 2d 65

District Court of Appeal of Florida | Filed: Jul 29, 1980 | Docket: 477512

Cited 6 times | Published

recuse did not comport with the requirements of Section 38.10, Florida Statutes (1979) it was late; initially

Krawczuk v. State

92 So. 3d 195, 2012 WL 1207215

Supreme Court of Florida | Filed: Apr 12, 2012 | Docket: 60310164

Cited 5 times | Published

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

Smith v. Santa Rosa Island Authority

729 So. 2d 944, 1998 WL 531835

District Court of Appeal of Florida | Filed: Aug 25, 1998 | Docket: 1653198

Cited 5 times | Published

denying the petition for writ of certiorari. Section 38.10, Florida Statutes, gives litigants the substantive

Dura-Stress, Inc. v. Law

634 So. 2d 769, 1994 WL 106573

District Court of Appeal of Florida | Filed: Mar 31, 1994 | Docket: 1737852

Cited 5 times | Published

disqualification. II. Applicable Law While section 38.10 of the Florida Statutes[3] gives litigants the

Cardinal v. Wendy's of South Florida, Inc.

529 So. 2d 335, 13 Fla. L. Weekly 1810, 1988 Fla. App. LEXIS 3468, 1988 WL 79363

District Court of Appeal of Florida | Filed: Aug 3, 1988 | Docket: 1523771

Cited 5 times | Published

on disqualification and recusal statute (section 38.10, Florida Statutes (1987)), rule (1.432), Florida

In re Clark

289 B.R. 193, 16 Fla. L. Weekly Fed. B 57, 2002 Bankr. LEXIS 1652, 2002 WL 31998778

United States Bankruptcy Court, M.D. Florida | Filed: Oct 15, 2002 | Docket: 65782537

Cited 4 times | Published

Verified Motion is filed pursuant to Fla. Stat. § 38.10 and Canon 3C of the Code of Judicial Conduct. In

Fabber v. Wessel

604 So. 2d 533, 1992 WL 184048

District Court of Appeal of Florida | Filed: Aug 5, 1992 | Docket: 1686558

Cited 4 times | Published

Fla.R.Civ.P., rule 9.100, Fla.R.App.P., or section 38.10, Fla. Stat. (1991), so requiring. If the supreme

Brown v. Pate

577 So. 2d 645, 1991 WL 42708

District Court of Appeal of Florida | Filed: Mar 27, 1991 | Docket: 1156093

Cited 4 times | Published

complied with the substantive requirements of section 38.10, Florida Statutes, and the procedural dictates

Meyer v. STATE, DEPT. OF BUS. REGULATION, ETC.

402 So. 2d 527

District Court of Appeal of Florida | Filed: Aug 18, 1981 | Docket: 1313081

Cited 4 times | Published

procedures for disqualification set forth in Section 38.10, Florida Statutes (1979), which apply to agency

State Ex Rel. Aguiar v. Chappell

344 So. 2d 925

District Court of Appeal of Florida | Filed: Apr 11, 1977 | Docket: 390618

Cited 4 times | Published

suggestion as a statutory disqualification pursuant to § 38.10, Fla. Stat. (1975), the respondent trial judge

Foley v. Peckham

256 So. 2d 65

District Court of Appeal of Florida | Filed: Dec 21, 1971 | Docket: 427819

Cited 4 times | Published

conform to requirements therefor in the statute, § 38.10 Fla. Stat., F.S.A. See State ex rel. Jensen v.

Weiss v. Berkett

907 So. 2d 1181, 2005 WL 764989

District Court of Appeal of Florida | Filed: Apr 6, 2005 | Docket: 459339

Cited 3 times | Published

"Motion *1182 for Reconsideration pursuant to Fla. Stat. 38.10 and Rule 2.160(h) of the Judicial Administration

HOUSING AUTH. OF CITY OF TAMPA v. Burton

873 So. 2d 356, 2004 Fla. App. LEXIS 3770, 2004 WL 573885

District Court of Appeal of Florida | Filed: Mar 24, 2004 | Docket: 1732899

Cited 3 times | Published

.." Fla. R. Jud. Admin. 2.160(d)(1); see also § 38.10, Fla. Stat. (2002). A motion is legally sufficient

Siegel v. State

861 So. 2d 90, 2003 WL 22849768

District Court of Appeal of Florida | Filed: Dec 3, 2003 | Docket: 1514131

Cited 3 times | Published

Florida Rules of Judicial Administration and section 38.10, Florida Statutes. Judge Alemán denied the motion

Florida Water Services Corp. v. Robinson

856 So. 2d 1035, 2003 Fla. App. LEXIS 11784, 2003 WL 21817929

District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1297942

Cited 3 times | Published

recusal of judges. Florida Water concedes neither section 38.10[3] nor rule 2.160[4], which govern disqualification

Dye v. Security Pacific Financial Services, Inc.

828 So. 2d 1089, 2002 Fla. App. LEXIS 15714, 2002 WL 31421679

District Court of Appeal of Florida | Filed: Oct 30, 2002 | Docket: 1523193

Cited 3 times | Published

court's decision turned on a construction of section 38.10, Florida Statutes (1993), providing that once

Gates v. State

784 So. 2d 1235, 2001 WL 427558

District Court of Appeal of Florida | Filed: Apr 27, 2001 | Docket: 1492323

Cited 3 times | Published

of an allegedly biased judge is provided by section 38.10, Florida Statutes (1999), which states: Whenever

Fogan v. Fogan

706 So. 2d 382, 1998 WL 64077

District Court of Appeal of Florida | Filed: Feb 18, 1998 | Docket: 1682436

Cited 3 times | Published

should, therefore, have granted the motion. See § 38.10, Fla. Stat. (1997). The fact that the court said

Fogelman v. State

648 So. 2d 214, 1994 WL 706328

District Court of Appeal of Florida | Filed: Dec 21, 1994 | Docket: 1701900

Cited 3 times | Published

Crim.P. 3.230(e)[1], which is identical to section 38.10, Fla. Stat. (1991): (e) When the prosecuting

Zundell v. Dade County School Bd.

609 So. 2d 1367, 1992 WL 379421

District Court of Appeal of Florida | Filed: Dec 15, 1992 | Docket: 1743348

Cited 3 times | Published

and was therefore deemed accidental. 1A Larson, § 38.10 at 7-19-20 & n. 13-14. Moreover, the standard statutory

Lawson v. Longo

547 So. 2d 1279, 1989 WL 99213

District Court of Appeal of Florida | Filed: Aug 29, 1989 | Docket: 1738607

Cited 3 times | Published

Recusal, based on "the mandatory requirements of F.S. 38.10[1] ... even though I am of the opinion that there

Mangina v. Cornelius

462 So. 2d 602, 10 Fla. L. Weekly 237

District Court of Appeal of Florida | Filed: Jan 24, 1985 | Docket: 1290293

Cited 3 times | Published

disqualification." Rule 1.432, Fla.R.Civ.P.; section 38.10, Florida Statutes (1983). See Bundy v. Rudd

RP Hewitt & Associates v. Hurt

411 So. 2d 266

District Court of Appeal of Florida | Filed: Mar 4, 1982 | Docket: 1326973

Cited 3 times | Published

to Florida Rule of Civil Procedure 1.432 and Section 38.10, Florida Statutes (1981), petitioner filed a

Scussel v. Kelly

152 So. 2d 767

District Court of Appeal of Florida | Filed: May 2, 1963 | Docket: 1185804

Cited 3 times | Published

suggestion for disqualification prescribed by Fla. Stat. 38.10, F.S.A. (1961). One of these affidavits was

Law Offices of Herssein and Herssein, P.A., etc. v. United Services Automobile Association

271 So. 3d 889

Supreme Court of Florida | Filed: Nov 15, 2018 | Docket: 8193604

Cited 2 times | Published

to disqualify is governed substantively by section 38.10, Florida Statutes ... and procedurally by Florida

Craig Alan Wall, Sr. v. State of Florida

238 So. 3d 127

Supreme Court of Florida | Filed: Feb 22, 2018 | Docket: 6312771

Cited 2 times | Published

a well-founded fear of judicial bias. Section 38.10, Florida Statutes (2014), provides substantive

Isan v. Isan

209 So. 3d 40, 2016 Fla. App. LEXIS 18163

District Court of Appeal of Florida | Filed: Dec 6, 2016 | Docket: 4553782

Cited 2 times | Published

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

Felice Kline v. JRD Management Corp. and CCMSI

165 So. 3d 812, 2015 WL 3464110

District Court of Appeal of Florida | Filed: Jun 1, 2015 | Docket: 2661165

Cited 2 times | Published

judge was disqualified for prejudice under section 38.10, Florida Statutes (1989), 2 based

Grandview Palace v. CITY OF NORTH BAY VILL.

974 So. 2d 1170, 2008 WL 442146

District Court of Appeal of Florida | Filed: Feb 20, 2008 | Docket: 1717642

Cited 2 times | Published

that the judge disqualify himself or herself. See § 38.10, Fla. Stat. (2006); Fla. R. Jud. Adm. 2.330. When

Gordon v. State

960 So. 2d 31, 2007 WL 1484536

District Court of Appeal of Florida | Filed: May 23, 2007 | Docket: 1726305

Cited 2 times | Published

in the case." Fla. R. Jud. Admin. 2.330(g); see § 38.10, Fla. Stat. (2005). We find no error in the denial

Valdes-Fauli v. Valdes-Fauli

903 So. 2d 214, 2005 Fla. App. LEXIS 2428

District Court of Appeal of Florida | Filed: Feb 17, 2005 | Docket: 64838748

Cited 2 times | Published

is legally sufficient as a matter of law. See § 38.10, Fla.Stat. (2004); Armstrong v. Harris, 773 So

Shah v. Harding

839 So. 2d 765, 2003 WL 244896

District Court of Appeal of Florida | Filed: Feb 5, 2003 | Docket: 1707975

Cited 2 times | Published

immediately rule on the motion pursuant to Section 38.10, Florida Statutes (2002), and the Florida Rules

WI v. State

696 So. 2d 457, 1997 WL 361722

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 1696229

Cited 2 times | Published

240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995). Cf. Duest v. Goldstein,

Time Warner Entertainment v. Baker

647 So. 2d 1070, 1994 WL 718743

District Court of Appeal of Florida | Filed: Dec 30, 1994 | Docket: 437592

Cited 2 times | Published

160 for the disqualification of trial judges. Section 38.10, Florida Statutes (1993), gives Time Warner

Feuerman v. Overby

638 So. 2d 179, 1994 WL 259621

District Court of Appeal of Florida | Filed: Jun 28, 1994 | Docket: 1168830

Cited 2 times | Published

Florida Rule of Judicial Administration 2.160 and section 38.10, Florida Statutes (1993). MacKenzie v. Super

Milmir Const. v. Jones

626 So. 2d 985, 1993 WL 410691

District Court of Appeal of Florida | Filed: Oct 19, 1993 | Docket: 1286190

Cited 2 times | Published

assigned to the case. Petitioners argue that under section 38.10, Florida Statutes, when a party files an affidavit

Nateman v. Greenbaum

582 So. 2d 643, 1991 Fla. App. LEXIS 3567, 1991 WL 144243

District Court of Appeal of Florida | Filed: Apr 16, 1991 | Docket: 64660131

Cited 2 times | Published

a fair trial mandates a trial judge’s recusal. § 38.10, Fla. Stat. (1989); Fla.R.Civ.P. 1.432. I would

Nateman v. Greenbaum

582 So. 2d 643, 1991 Fla. App. LEXIS 3567, 1991 WL 144243

District Court of Appeal of Florida | Filed: Apr 16, 1991 | Docket: 64660131

Cited 2 times | Published

a fair trial mandates a trial judge’s recusal. § 38.10, Fla. Stat. (1989); Fla.R.Civ.P. 1.432. I would

Lee v. Lee

563 So. 2d 754, 1990 WL 78553

District Court of Appeal of Florida | Filed: Jun 12, 1990 | Docket: 2558101

Cited 2 times | Published

motion for disqualification did not comply with section 38.10, Florida Statutes (1989), which requires an

Peebles v. Smith

291 So. 2d 102

District Court of Appeal of Florida | Filed: Mar 12, 1974 | Docket: 2550243

Cited 2 times | Published

Statutes, F.S.A., and the other ground under Section 38.10, Florida Statutes, F.S.A. In both instances

Murray v. State

18 So. 2d 782, 154 Fla. 683, 1944 Fla. LEXIS 793

Supreme Court of Florida | Filed: Jul 11, 1944 | Docket: 3266203

Cited 2 times | Published

disqualification is in conformity with the provisions of Section 38.10 Fla. Stats. 1941 (F.S.A.) and the decisions

Sands Pointe Ocean Beach Resort Condo Assoc., Inc. v. Aelion

251 So. 3d 950

District Court of Appeal of Florida | Filed: Jun 6, 2018 | Docket: 7061970

Cited 1 times | Published

13 Section 38.10, Florida Statutes (2018), requires that the

Davis v. State

53 So. 3d 1220, 2011 WL 519908

District Court of Appeal of Florida | Filed: Feb 15, 2011 | Docket: 1758928

Cited 1 times | Published

Tallahassee, for Respondent. PER CURIAM. DENIED. See § 38.10, Fla. Stat. (2010); Fla. R. Jud. Admin. 2.330(g)

Inquiry Concerning A Judge, No. 07-64 re Eriksson

36 So. 3d 580, 35 Fla. L. Weekly Supp. 111, 2010 Fla. LEXIS 178

Supreme Court of Florida | Filed: Feb 11, 2010 | Docket: 60294462

Cited 1 times | Published

Wisotsky, 781 So.2d 1063,1065 (Fla. 2000) (citing § 38.10, Fla. Stat. (1993)). Even if Judge Eriksson justifiably

D.H. Ex Rel. J.R. v. Department of Children & Families

12 So. 3d 266, 2009 Fla. App. LEXIS 5803, 2009 WL 1383344

District Court of Appeal of Florida | Filed: May 19, 2009 | Docket: 1646752

Cited 1 times | Published

her child's history in the dependency system. § 38.10, Fla. Stat. (2007) ("Whenever a party to any action

Moskowitz v. Moskowitz

998 So. 2d 660, 2009 WL 18684

District Court of Appeal of Florida | Filed: Jan 5, 2009 | Docket: 1701702

Cited 1 times | Published

months later, he resigned from the bench. [2] § 38.10, Fla. Stat. (2008).

W.I. v. State

696 So. 2d 457, 1997 Fla. App. LEXIS 7541

District Court of Appeal of Florida | Filed: Jul 2, 1997 | Docket: 64774727

Cited 1 times | Published

240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995). Cf. Duest v. Goldstein,

Davis v. State

670 So. 2d 1036, 1996 WL 98876

District Court of Appeal of Florida | Filed: Mar 8, 1996 | Docket: 1245969

Cited 1 times | Published

impartial between the parties. The requirements of section 38.10, Florida Statutes (1993), were met. Whereas

Mitchell v. State

642 So. 2d 1108, 1994 WL 486571

District Court of Appeal of Florida | Filed: Sep 9, 1994 | Docket: 1529483

Cited 1 times | Published

is invalid because it was filed pursuant to section 38.10 rather than under Florida Rule of Criminal Procedure

Southeast Bank, N.A. v. Capua

584 So. 2d 101, 1991 Fla. App. LEXIS 7343, 1991 WL 139147

District Court of Appeal of Florida | Filed: Jul 30, 1991 | Docket: 64660823

Cited 1 times | Published

petition with accompanying affidavits, pursuant to section 38.10, Florida Statutes (1989), Southeast sought the

City of Coral Gables v. Brasher

132 So. 2d 442

District Court of Appeal of Florida | Filed: Aug 3, 1961 | Docket: 60198204

Cited 1 times | Published

proper cross examination of the witness. . Section 38.10, Fla.Stat., F.S.A. See, also, State ex rel.

Department of Children and Families and Statewide Guardian Ad Litem v. Y. B. and C. H.

District Court of Appeal of Florida | Filed: Mar 28, 2025 | Docket: 69808616

Published

7 TPR petition. See § 38.10, Fla. Stat. (2024); Fla. R. Gen. Prac. & Jud

B.D., the Mother v. Department of Children and Families

District Court of Appeal of Florida | Filed: Feb 26, 2025 | Docket: 69674473

Published

Disqualification is controlled substantively by section 38.10, Florida Statutes, and procedurally by Florida

Granada Insurance Company v. Yordalis Lopez, Pedro Martinez Fernandez, Nicholas Joseph Byrd, and Angela Jean Jackson

District Court of Appeal of Florida | Filed: May 24, 2024 | Docket: 68561963

Published

fear that it would not receive a fair trial, see § 38.10, Fla. Stat. (2023), did not “crystalize” until

DONNA TORRES v. LISA ORLICK

District Court of Appeal of Florida | Filed: Apr 19, 2024 | Docket: 68454949

Published

with substantive and procedural authority. See § 38.10, Fla. Stat. (2023); Fla. R. Gen. Prac. & Jud

Michelle Pimienta v. David Abraham Rosenfeld

District Court of Appeal of Florida | Filed: Apr 3, 2024 | Docket: 68300043

Published

Gen. Prac. & Jud. Admin. 2.330(i); see also § 38.10, Fla. Stat. (2023). While we note the filing of

ARLENE DELGADO v. JASON MILLER

District Court of Appeal of Florida | Filed: Feb 22, 2023 | Docket: 66833835

Published

evidence. Regarding successor judges, section 38.10, Florida Statutes (2022), provides, in pertinent

Joshua Davis v. State of Florida

Supreme Court of Florida | Filed: Sep 8, 2022 | Docket: 64983999

Published

JUDGE FOR ALLEGED BIAS OR PREJUDICE UNDER SECTION 38.10, FLORIDA STATUTES (2015), AND FLORIDA RULE

TERREL VIALVA v. CHELSII NUNEZ

District Court of Appeal of Florida | Filed: Oct 6, 2021 | Docket: 60627022

Published

to disqualify is governed substantively by section 38.10, Florida Statutes . . . and procedurally by

Pena v. State

259 So. 3d 223

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 64699094

Published

State, 118 So.3d 770, 778 (Fla. 2013) (citing § 38.10, Fla. Stat. (2011) ). A judge ruling on an initial

YORLAN ESPINOSA PENA v. STATE OF FLORIDA

District Court of Appeal of Florida | Filed: Nov 9, 2018 | Docket: 8158542

Published

State, 118 So. 3d 770, 778 (Fla. 2013) (citing § 38.10, Fla. Stat. (2011)). A judge ruling on an initial

& SC16-1279 Robert Earl Peterson v. State of Florida and Robert Earl Peterson v. Julie L. Jones, etc.

221 So. 3d 571

Supreme Court of Florida | Filed: Jul 6, 2017 | Docket: 6085379

Published

to disqualify is governed substantively by section 38.10, Florida Statutes [(2014)], and procedurally

Leake v. State

207 So. 3d 343, 2016 Fla. App. LEXIS 17705

District Court of Appeal of Florida | Filed: Nov 30, 2016 | Docket: 4546472

Published

*345 should have recused herself under section 38.10, Florida Statutes (1987), and Florida Rule of

Hernandez v. State

135 So. 3d 352, 2013 WL 6635765, 2013 Fla. App. LEXIS 20003

District Court of Appeal of Florida | Filed: Dec 17, 2013 | Docket: 60239578

Published

legally sufficient, and the judge must grant it. See § 38.10, Fla. Stat.; Gregory v. State, 118 So.3d 770, 778

Davis v. State

53 So. 3d 1220, 2011 Fla. App. LEXIS 2013

District Court of Appeal of Florida | Filed: Feb 15, 2011 | Docket: 60298035

Published

PER CURIAM. DENIED. See § 38.10, Fla. Stat. (2010); Fla. R. Jud. Admin. 2.330(g). WOLF, HAWKES, and

Greenfield v. Northcutt

22 So. 3d 849, 2009 Fla. App. LEXIS 18416, 2009 WL 4281384

District Court of Appeal of Florida | Filed: Dec 2, 2009 | Docket: 60267124

Published

” Fla. R. Jud. Admin., Rule 2.330(g). See also § 38.10, Fla. Stat.; Kokal v. State, 901 So.2d 766, 773-75

Wickham v. State

998 So. 2d 593, 2008 WL 5333076

Supreme Court of Florida | Filed: Dec 23, 2008 | Docket: 1341190

Published

to disqualify is governed substantively by section 38.10, Florida Statutes (2001), and procedurally by

Musselman v. Stanonik

388 B.R. 386, 2008 U.S. Dist. LEXIS 27540

District Court, M.D. Florida | Filed: Mar 28, 2008 | Docket: 65516256

Published

precedent in effect.” Id. § 38.9; see also id. § 38.10 ("They are in substance conditions precedent to

Brown ex rel. Preshong-Brown v. Graham

931 So. 2d 961, 2006 Fla. App. LEXIS 7713

District Court of Appeal of Florida | Filed: May 17, 2006 | Docket: 64845450

Published

Judicial Administration 2.160 and substantively by section 38.10, Florida Statutes, and the case law applying

Hoffman v. Crosby

908 So. 2d 1111, 2005 Fla. App. LEXIS 11036, 2005 WL 1682115

District Court of Appeal of Florida | Filed: Jul 20, 2005 | Docket: 64840010

Published

Florida Rule of Judicial Administration 2.160 and section 38.10, Florida Statutes,(2001), and a Motion for New

City of Fort Lauderdale v. Palazzo Las Olas Group, LLC

882 So. 2d 1102, 2004 Fla. App. LEXIS 13858, 2004 WL 2101954

District Court of Appeal of Florida | Filed: Sep 22, 2004 | Docket: 64832878

Published

is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla

Adams v. Smith

884 So. 2d 287, 2004 Fla. App. LEXIS 11860, 2004 WL 1810265

District Court of Appeal of Florida | Filed: Aug 13, 2004 | Docket: 64833470

Published

petitioners are mistaken in their reliance on section 38.10, Florida Statutes (2003), as the legal basis

Coleman v. State

866 So. 2d 209, 2004 Fla. App. LEXIS 2165, 2004 WL 360882

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 64828295

Published

recuse was pending violated Florida Statutes section 38.10 and Florida Rule of Judicial Administration

May v. South Florida Water Management District

866 So. 2d 205, 2004 WL 360820

District Court of Appeal of Florida | Filed: Feb 25, 2004 | Docket: 64828294

Published

motion to disqualify has been ruled upon. See § 38.10, Fla. Stat. (2003). The attorney's erroneous advice

Nix v. State

835 So. 2d 290, 2002 Fla. App. LEXIS 19261, 2002 WL 31996550

District Court of Appeal of Florida | Filed: Dec 17, 2002 | Docket: 64820055

Published

PER CURIAM. AFFIRMED. See Fla. Stat. § 38.10 (2001); Fla. R. Judicial Admin. 2.160(c); Lett v. State

Doe ex rel. Doe v. Publix Super Markets, Inc.

814 So. 2d 1249, 2002 Fla. App. LEXIS 6037, 2002 WL 851564

District Court of Appeal of Florida | Filed: May 3, 2002 | Docket: 64814707

Published

the law in making the above findings. Both section 38.10 and rule 2.160 provide that once a motion to

Marie Anderson v. H & R Block

344 F.3d 1131

Court of Appeals for the Eleventh Circuit | Filed: Apr 3, 2002 | Docket: 238814

Published

"The National Bank Act." 12 U.S.C. § 38 10 For instance, in the Act of

Enterprise Leasing Co. v. Jones

750 So. 2d 114, 1999 Fla. App. LEXIS 17102, 1999 WL 1243789

District Court of Appeal of Florida | Filed: Dec 23, 1999 | Docket: 64794501

Published

other hand, rely on the express language of section 38.10, *115Florida Statutes (1991) as requiring the

Garner v. Garner

733 So. 2d 551, 1999 Fla. App. LEXIS 4289, 1999 WL 188077

District Court of Appeal of Florida | Filed: Apr 7, 1999 | Docket: 64788395

Published

for disqualification of the second trial judge. § 38.10, Fla. Stat. (1997). Affirmed.

Norris v. State

695 So. 2d 922, 1997 Fla. App. LEXIS 7184, 1997 WL 346069

District Court of Appeal of Florida | Filed: Jun 25, 1997 | Docket: 64774382

Published

of the motion.” Fla.R.Jud.Admin. 2.160(g).1 See § 38.10, Fla.Stat. (1995). She was also “permitted to explain

Williams v. State

689 So. 2d 393, 1997 Fla. App. LEXIS 1838

District Court of Appeal of Florida | Filed: Mar 5, 1997 | Docket: 64771644

Published

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

Lages v. State

685 So. 2d 968, 1996 WL 736585

District Court of Appeal of Florida | Filed: Dec 27, 1996 | Docket: 64770180

Published

petition was legally insufficient because: Florida Statute 38.10 sets out the procedural requirements with

Edwards v. Andrews

639 So. 2d 677, 1994 Fla. App. LEXIS 6616, 1994 WL 318156

District Court of Appeal of Florida | Filed: Jul 6, 1994 | Docket: 64749640

Published

the named judge. Fla.R.Jud.Admin. 2.160(d)(1); § 38.10, Fla. Stat. (1993); Gieseke v. Grossman, 418 So

Douglass v. Douglas

633 So. 2d 1166, 1994 Fla. App. LEXIS 2517, 1994 WL 86481

District Court of Appeal of Florida | Filed: Mar 21, 1994 | Docket: 64747038

Published

which is a basis for disqualification under section 38.10, Florida Statutes (1993). In that circumstance

Berkowitz v. Berkowitz

625 So. 2d 971, 1993 Fla. App. LEXIS 10685, 1993 WL 424213

District Court of Appeal of Florida | Filed: Oct 22, 1993 | Docket: 64743587

Published

immediately rule upon the sufficiency of the motion. Section 38.10, Fla.Stat. (1991); Fla.R.Crim.P. 3.230(d). The

Indian River Colony Club, Inc. v. Jones

626 So. 2d 988, 1993 Fla. App. LEXIS 10654, 1993 WL 417598

District Court of Appeal of Florida | Filed: Oct 20, 1993 | Docket: 64744041

Published

for such an action. Instead, in the words of section 38.10, upon the filing of a proper motion for disqualification

Rodriguez Diaz v. Abate

598 So. 2d 197, 1992 Fla. App. LEXIS 4808, 1992 WL 91396

District Court of Appeal of Florida | Filed: May 5, 1992 | Docket: 64667116

Published

counts. Considering first the motion to re-cuse, section 38.10, Florida Statutes (1991) clearly states: Whenever

Puckett v. State

591 So. 2d 326, 1992 Fla. App. LEXIS 9, 1992 WL 253

District Court of Appeal of Florida | Filed: Jan 3, 1992 | Docket: 64664245

Published

Boyles, 557 So.2d 885, 886 (Fla. 5th DCA 1990). . § 38.10, Fla.Stat. (1989); Fla.R.Civ.P. 1.432(d). . See

Radin v. Radin

593 So. 2d 1233, 1991 Fla. App. LEXIS 13427, 1991 WL 272715

District Court of Appeal of Florida | Filed: Dec 24, 1991 | Docket: 64665411

Published

stand fair and impartial between the parties.” § 38.10, Fla.Stat. (1989). See also Brown v. St. George

Orr v. Schack

582 So. 2d 137, 1991 Fla. App. LEXIS 6165, 1991 WL 117030

District Court of Appeal of Florida | Filed: Jul 3, 1991 | Docket: 64660015

Published

bias of the challenged judge. The language of § 38.10, Fla.Stat. (1989), runs in favor of a "party to

Borjas v. Brescher

579 So. 2d 399, 1991 Fla. App. LEXIS 4715, 1991 WL 82516

District Court of Appeal of Florida | Filed: May 22, 1991 | Docket: 64658685

Published

prohibition to disqualify the trial judge is granted. Section 38.10, Florida Statutes, sets up the substantive right

Teller v. Teller

571 So. 2d 539, 1990 Fla. App. LEXIS 9306, 1990 WL 198406

District Court of Appeal of Florida | Filed: Dec 12, 1990 | Docket: 64655081

Published

not only whether the literal requirements of section 38.10 and rule 1.432 have been met, but also whether

Brown v. St. George Island, Ltd.

562 So. 2d 684, 15 Fla. L. Weekly Supp. 332, 1990 Fla. LEXIS 785, 1990 WL 80793

Supreme Court of Florida | Filed: Jun 7, 1990 | Docket: 64651016

Published

certified the question of how to interpret section 38.10, Florida Statutes (1989). Our jurisdiction is

James v. Theobald

557 So. 2d 591, 1990 Fla. App. LEXIS 149, 1990 WL 2079

District Court of Appeal of Florida | Filed: Jan 16, 1990 | Docket: 64648562

Published

1.432, Florida Rules of Civil Procedure and section 38.10, Florida Statutes (1987). Hayslip v. Douglas

St. George Island, Ltd. v. Rudd

553 So. 2d 772, 14 Fla. L. Weekly 2926, 1989 Fla. App. LEXIS 7107, 1989 WL 152167

District Court of Appeal of Florida | Filed: Dec 19, 1989 | Docket: 64646963

Published

under the standard of the second portion of section 38.10, Florida Statutes. First, the motions directed

St. George Island, Ltd. v. Rudd

547 So. 2d 961, 14 Fla. L. Weekly 1942, 1989 Fla. App. LEXIS 4764, 1989 WL 97694

District Court of Appeal of Florida | Filed: Aug 16, 1989 | Docket: 64644445

Published

therefore follows that the second portion of section 38.10 controls the proceedings in the lower tribunal

Robinson v. Tobin

547 So. 2d 714, 14 Fla. L. Weekly 1926, 1989 Fla. App. LEXIS 4598, 1989 WL 90931

District Court of Appeal of Florida | Filed: Aug 15, 1989 | Docket: 64644386

Published

See Fla.Bar Code Jud.Conduct, Canon 3C(l)(a); § 38.10, Fla.Stat. (1987); cf. Ginsberg v. Holt, 86 So

Hammond v. Eastmoore

513 So. 2d 770, 12 Fla. L. Weekly 2388, 1987 Fla. App. LEXIS 10490

District Court of Appeal of Florida | Filed: Oct 8, 1987 | Docket: 64629979

Published

was filed. Were the motion in compliance with Section 38.10, Florida Statutes (1985) and Florida Rule of

Hammond v. Eastmoore

513 So. 2d 770, 12 Fla. L. Weekly 2388, 1987 Fla. App. LEXIS 10490

District Court of Appeal of Florida | Filed: Oct 8, 1987 | Docket: 64629979

Published

was filed. Were the motion in compliance with Section 38.10, Florida Statutes (1985) and Florida Rule of

McGibney v. Smith

511 So. 2d 1083, 12 Fla. L. Weekly 2147, 1987 Fla. App. LEXIS 10175

District Court of Appeal of Florida | Filed: Aug 28, 1987 | Docket: 64629071

Published

were the motion otherwise in compliance with section 38.10, Florida Statutes (1985), we would issue the

Lake v. Edwards

501 So. 2d 759, 12 Fla. L. Weekly 444, 1987 Fla. App. LEXIS 6609

District Court of Appeal of Florida | Filed: Feb 5, 1987 | Docket: 64624699

Published

of Florida Rule of Civil Procedure 1.432 and section 38.10, Florida Statutes (1985). Petitioners’ sworn

Mt. Sinai Medical Center v. Brown

493 So. 2d 512, 11 Fla. L. Weekly 1850, 1986 Fla. App. LEXIS 9497

District Court of Appeal of Florida | Filed: Aug 22, 1986 | Docket: 64621330

Published

Florida Rule of Civil Procedure 1.4321 and Section 38.10, Florida Statutes.2 In Sikes v. Sea*514board

Law Offices of Auerbach v. Robert M. Sussman Law Offices

483 So. 2d 559, 1986 Fla. App. LEXIS 6579

District Court of Appeal of Florida | Filed: Feb 25, 1986 | Docket: 64617498

Published

Claughton, 452 So.2d 1073 (Fla.3d DCA 1984); § 38.10, Fla.Stat. (1983).

Wishoff v. Polen

468 So. 2d 1035, 10 Fla. L. Weekly 1099, 1985 Fla. App. LEXIS 13785

District Court of Appeal of Florida | Filed: May 1, 1985 | Docket: 64611962

Published

v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981); § 38.10, Fla.Stat. (1983). Since the final judgment was

Wyman v. Reasbeck

436 So. 2d 1112, 1983 Fla. App. LEXIS 22820

District Court of Appeal of Florida | Filed: Sep 7, 1983 | Docket: 64599262

Published

attempted compliance with the provisions of Section 38.10, Florida Statutes (1981) pertaining to attempted

Layne v. Grossman

430 So. 2d 525, 1983 Fla. App. LEXIS 19229

District Court of Appeal of Florida | Filed: Apr 26, 1983 | Docket: 64596717

Published

communication, that technical requirement of Section 38.10, Florida Statutes (1981), need not be met. While

Kah v. Clark

419 So. 2d 1189, 1982 Fla. App. LEXIS 21328

District Court of Appeal of Florida | Filed: Oct 6, 1982 | Docket: 64592270

Published

the moving party or her counsel as required by § 38.10, Fla.Stat. Such supporting affidavits by reputable

King v. Roda

405 So. 2d 1069, 1981 Fla. App. LEXIS 21707

District Court of Appeal of Florida | Filed: Nov 18, 1981 | Docket: 64586084

Published

of disqualification of the trial judge under section 38.10, Florida Statutes (1979), have both been treated

Jackson v. Korda

402 So. 2d 1362, 1981 Fla. App. LEXIS 20938

District Court of Appeal of Florida | Filed: Sep 2, 1981 | Docket: 64584867

Published

because it was legally insufficient, citing Section 38.10, Florida Statutes (1979). Respondent further

Morris v. State

396 So. 2d 862, 1981 Fla. App. LEXIS 19205

District Court of Appeal of Florida | Filed: Apr 14, 1981 | Docket: 64581582

Published

absence of a proper motion for recusal under Section 38.10, Fla. Stat. (1979), the trial judge correctly

Garcia v. State

371 So. 2d 194, 1979 Fla. App. LEXIS 20914

District Court of Appeal of Florida | Filed: May 16, 1979 | Docket: 64570273

Published

3.230, Florida Rules of Criminal Procedure; Section 38.10, Florida Statutes (1977). HOBSON, A. C. J.,

Sandstrom v. Kolski

305 So. 2d 75, 1974 Fla. App. LEXIS 7386

District Court of Appeal of Florida | Filed: Nov 22, 1974 | Docket: 64543323

Published

custody pursuant to an arrest for violating Section 38-10 (a) of the Miami Municipal Code and that the

Florida Bar

329 So. 2d 301, 1974 Fla. LEXIS 4923

Supreme Court of Florida | Filed: Jun 14, 1974 | Docket: 64552985

Published

affidavits were not in compliance with Fla.Stat. § 38.10, F.S.A. The Integration Rules of The Florida Bar

David & Dash, Inc. v. Capitol Fixture & Construction Corp.

292 So. 2d 381, 1974 Fla. App. LEXIS 7741

District Court of Appeal of Florida | Filed: Apr 2, 1974 | Docket: 64538117

Published

an order denying defendant’s motion filed under § 38.10 Fla.Stat., F.S.A. to disqualify the trial judge

City of Miami v. Gaskell

285 So. 2d 666, 1973 Fla. App. LEXIS 6419

District Court of Appeal of Florida | Filed: Nov 27, 1973 | Docket: 64535668

Published

the complainants with a gun in violation of Section 38-10 (d) of the City of Miami Municipal Code. He

In Interest of A. S. v. State

275 So. 2d 286, 1973 Fla. App. LEXIS 7052

District Court of Appeal of Florida | Filed: Mar 27, 1973 | Docket: 64531209

Published

did not elect'to follow the procedure of F.S. § 38.10, F.S.A.,1 providing for mandatory disqualification

Turner v. Cooper

267 So. 2d 85

District Court of Appeal of Florida | Filed: Sep 13, 1972 | Docket: 64527780

Published

pleadings in the light of the requirements of Section 38.10, F.S.1971, F.S.A., and believe they are legally

Brugh v. Gulf Life Insurance Co.

241 So. 2d 164

Supreme Court of Florida | Filed: Oct 12, 1970 | Docket: 64517508

Published

wholly fail to comply with the provisions of Section 38.10, Florida Statutes 1969, F.S.A., and are therefore

State ex rel. v. Stedman

233 So. 2d 142, 1970 Fla. App. LEXIS 6619

District Court of Appeal of Florida | Filed: Mar 20, 1970 | Docket: 64513777

Published

the same requirements as § 911.01 (3) — (4) and § 38.-10, Fla.Stat., F.S.A. The procedural requirements

State ex rel. Cannon v. Churchwell

195 So. 2d 599, 1967 Fla. App. LEXIS 5361

District Court of Appeal of Florida | Filed: Feb 15, 1967 | Docket: 64499947

Published

disqualification for’ bias or prejudice under F.S.A. § 38.10. That section requires an affidavit of fear by

Cayson v. Hassfurder

253 F. Supp. 744, 1966 U.S. Dist. LEXIS 7756

District Court, M.D. Florida | Filed: Apr 26, 1966 | Docket: 66036016

Published

interested in the result of the cause. F.S.A. § 38.10 provides that a party may file an affidavit of

Bieley v. Brown

168 So. 2d 552

District Court of Appeal of Florida | Filed: Nov 3, 1964 | Docket: 64491061

Published

judge, to wit: § 38.10, Fla.Stat., F.S.A. We recognize that the reference to § 38.10, Fla.Stat., F.S

State ex rel. Jensen v. Cannon ex rel. Dade County

166 So. 2d 625, 1964 Fla. App. LEXIS 4009

District Court of Appeal of Florida | Filed: Jun 17, 1964 | Docket: 64490345

Published

otherwise did not conform to the provisions of § 38.10, Fla. Stat., F.S.A. Briefs in support of the motion

Rice v. Fremow

165 So. 2d 447, 1964 Fla. App. LEXIS 4425

District Court of Appeal of Florida | Filed: May 15, 1964 | Docket: 60222158

Published

the essential requirements set forth in F.S.A. § 38.10 and, therefore, the trial court properly denied

State ex rel. Jensen v. Cannon

163 So. 2d 535, 1964 Fla. App. LEXIS 4214

District Court of Appeal of Florida | Filed: May 5, 1964 | Docket: 60221334

Published

order to accomplish their intended purpose.1 Section 38.10 Fla.Stat., F.S.A. was adopted in 1919, but many

Kelly v. Scussel

167 So. 2d 870, 1964 Fla. LEXIS 2371

Supreme Court of Florida | Filed: Mar 25, 1964 | Docket: 64490821

Published

of Judge Kelly in the case, as authorized by Section 38.10, Florida Statutes, F.S.A. Instead of acting

Orlowitz v. Orlowitz

121 So. 2d 55, 1960 Fla. App. LEXIS 2585

District Court of Appeal of Florida | Filed: Jun 2, 1960 | Docket: 60195188

Published

in compliance with requirements of the statute, § 38.10, Fla. Stat, F.S.A. In State ex rel. Davis v. Parks

Shotkin v. Rowe

100 So. 2d 429

District Court of Appeal of Florida | Filed: Jan 22, 1958 | Docket: 60189258

Published

appears here in propria persona, to proceed under section 38.10, Fla.Stat., F.S.A. The motion is not verified