Florida Statute 38.10 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 38.10

Total Results: 20

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

Court: District Court of Appeal of Florida | Date Filed: 2024-05-24

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

DONNA TORRES v. LISA ORLICK

Court: District Court of Appeal of Florida | Date Filed: 2024-04-19

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

Michelle Pimienta v. David Abraham Rosenfeld

Court: District Court of Appeal of Florida | Date Filed: 2024-04-03

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2023-02-22

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

Joshua Davis v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2022-09-08

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

TERREL VIALVA v. CHELSII NUNEZ

Court: District Court of Appeal of Florida | Date Filed: 2021-10-06

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

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

Court: Supreme Court of Florida | Date Filed: 2018-11-15

Citation: 271 So. 3d 889

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

Pena v. State

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

Citation: 259 So. 3d 223

Snippet: 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

Court: District Court of Appeal of Florida | Date Filed: 2018-11-09

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

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

Court: District Court of Appeal of Florida | Date Filed: 2018-06-06

Citation: 251 So. 3d 950

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

ROBERT ROY HENION v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2018-05-16

Citation: 247 So. 3d 537

Snippet: appellant’s scoresheet to total 38.30 points instead of 38.10. He argues on appeal that the trial court committed

Craig Alan Wall, Sr. v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-02-22

Citation: 238 So. 3d 127

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

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

Court: Supreme Court of Florida | Date Filed: 2017-07-06

Citation: 221 So. 3d 571

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

Fetzner v. State

Court: District Court of Appeal of Florida | Date Filed: 2017-05-03

Citation: 219 So. 3d 834, 2017 WL 1718851, 2017 Fla. App. LEXIS 6175

Snippet: of a motion to disqualify is governed by section 38.10, Florida Statutes (2015), and “to decide whether

Isan v. Isan

Court: District Court of Appeal of Florida | Date Filed: 2016-12-06

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

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

Leake v. State

Court: District Court of Appeal of Florida | Date Filed: 2016-11-30

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

Snippet: should have recused herself under section 38.10, Florida Statutes (1987), and Florida Rule of Civil

Pilkington v. Pilkington

Court: District Court of Appeal of Florida | Date Filed: 2015-12-31

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

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

Felice Kline v. JRD Management Corp. and CCMSI

Court: District Court of Appeal of Florida | Date Filed: 2015-06-01

Citation: 165 So. 3d 812, 2015 WL 3464110

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

Hernandez v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-12-17

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

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

Gregory v. State

Court: Supreme Court of Florida | Date Filed: 2013-06-27

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

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