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Florida Statute 38.01 - Full Text and Legal Analysis
Florida Statute 38.01 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 38.01 Case Law from Google Scholar Google Search for Amendments to 38.01

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 38
JUDGES: GENERAL PROVISIONS
View Entire Chapter
38.01 Disqualification when judge party; effect of attempted judicial acts.Every judge of this state who appears of record as a party to any cause before him or her shall be disqualified to act therein, and shall forthwith enter an order declaring himself or herself to be disqualified in said cause. Any and all attempted judicial acts by any judge so disqualified in a cause, whether done inadvertently or otherwise, shall be utterly null and void and of no effect. No judge shall be disqualified from sitting in the trial of any suit in which any county or municipal corporation is a party by reason that such judge is a resident or taxpayer within such county or municipal corporation.
History.s. 2, ch. 16053, 1933; CGL 1936 Supp. 4155(1); s. 1, ch. 59-43; s. 205, ch. 95-147.

F.S. 38.01 on Google Scholar

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Amendments to 38.01


Annotations, Discussions, Cases:

Cases Citing Statute 38.01

Total Results: 15  |  Sort by: Relevance  |  Newest First

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Sellers v. United States Fid. & Guar. Co., 185 So. 2d 689 (Fla. 1966).

Cited 119 times | Published | Supreme Court of Florida | 1966 Fla. LEXIS 3641

operator of an uninsured motor vehicle * * *." [Section 38.1-381(b), Code of Virginia (1964 Cum.Supp.).]
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Joseph Konikov v. Orange Cnty., FL, 410 F.3d 1317 (11th Cir. 2005).

Cited 56 times | Published | Court of Appeals for the Eleventh Circuit | 2005 U.S. App. LEXIS 10176, 2005 WL 1313683

for no more than ten children. See OCC § 38-1; see also Fla. Stat. ch. 402.302. State
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William Taylor v. City of Fort Lauderdale, Leo Callahan, Etc., Donald R. Hall, Etc., Defendants, 810 F.2d 1551 (11th Cir. 1987).

Cited 46 times | Published | Court of Appeals for the Eleventh Circuit

enforcement of the Ft. Lauderdale City Code Chapter § 38-1 et. seq.1 and the Florida Transportation Code,
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Est. of Martha B. Watts, William Hubert Lindsey, Jr., Petitioner v. Comm'r of Internal Revenue, 823 F.2d 483 (11th Cir. 1987).

Cited 39 times | Published | Court of Appeals for the Eleventh Circuit | 60 A.F.T.R.2d (RIA) 6117, 1987 U.S. App. LEXIS 10281

agreement. Ore.Rev.Stat. §§ 68.600, 68.590; U.P.A. § 38(1); Crane and Bromberg, The Law of Partnership
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Barber v. MacKenzie, 562 So. 2d 755 (Fla. 3d DCA 1990).

Cited 14 times | Published | Florida 3rd District Court of Appeal | 1990 WL 62853

...substitution of judges in cases of disqualification will be followed, and does not address, much less negate, the common law right to move for reconsideration. This interpretation is reinforced by examination of the other disqualification statutes. Section 38.01, Florida Statutes (1989), provides for disqualification where a judge is a party to the pending action....
...In sum, section 38.10 contains no indication that there was an intention to modify common law practice, and Florida law provides in all other contexts either that reconsideration is available by motion, § 38.07, Fla. Stat.; Dickinson v. Raichl, or that the acts of the disqualified judge are void. § 38.01, Fla....
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United States Fid. & Guar. Co. v. Sellers, 179 So. 2d 608 (Fla. 1st DCA 1965).

Cited 13 times | Published | Florida 1st District Court of Appeal | 1965 Fla. App. LEXIS 3798

policy was invalid because in conflict with Section 38.1-381(b) of the Virginia Code which provides:
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Daniel G. Hamm v. Tomeka Scott James, 406 F.3d 1340 (11th Cir. 2005).

Cited 10 times | Published | Court of Appeals for the Eleventh Circuit

payment does not qualify as “public assistance” under § 38^1-8, and thus is not exempt personal property; and
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Aetna Life & Cas. Co. v. Thorn, 319 So. 2d 82 (Fla. 3d DCA 1975).

Cited 5 times | Published | Florida 3rd District Court of Appeal

...§ 38.02 provides the exclusive remedy for the disqualification of a judge. We must reject this argument because the section by its very terms limits its applicability to those cases in which a final judgment has not been entered. [6] Thus, it has no application *85 to this case. Indeed, the remedies provided by § 38.01 et seq., are aimed at bias by a judge....
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Konikov v. Orange Cnty., Florida, 302 F. Supp. 2d 1328 (M.D. Fla. 2004).

Cited 4 times | Published | District Court, M.D. Florida | 2003 U.S. Dist. LEXIS 23751, 2004 WL 213179

worship and related religious activities." OCC § 38-1. Religious organizations are permitted without
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Open Homes Fellowship, Inc. v. Orange Cnty., Fla., 325 F. Supp. 2d 1349 (M.D. Fla. 2004).

Cited 2 times | Published | District Court, M.D. Florida | 2004 U.S. Dist. LEXIS 13495, 2004 WL 1586846

social needs of the `residents.'" Orange County Code § 38-1.[17] The only discernable difference between a
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Michael B. Price v. Time, Inc., 425 F.3d 1292 (11th Cir. 2005).

Cited 1 times | Published | Court of Appeals for the Eleventh Circuit

years after the amendment to the shield law. Id. § 38-1-4(c). These twenty statutes show that the Alabama
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Peters v. Meeks, 171 So. 2d 562 (Fla. Dist. Ct. App. 1964).

Published | District Court of Appeal of Florida

...1964, 163 So.2d 753 , and need no further discussing here. On the issues raised by the first part of the third point, there is no question as to the qualification of a judge to consider and act in a case involving the validity of the tax roll of a county in which he is a resident or taxpayer. F.S.A. § 38.01....
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Platman v. State, 961 So. 2d 1002 (Fla. 5th DCA 2007).

Published | Florida 5th District Court of Appeal | 2007 Fla. App. LEXIS 10517, 2007 WL 1945206

...The petitioner, Jefferey Platman, seeks a writ of prohibition based on the denial by the trial judge of his motion to disqualify her from presiding over the two criminal trials in which he is to be tried. We deny the petition for two reasons. First, the motion is untimely. See Fla. R. Jud. Admin. 2.330(e); Fla. Stat. § 38.01 (2006)....
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Bullen v. Her Majesty's Gov't of Uk, 553 So. 2d 1344 (Fla. 4th DCA 1989).

Published | Florida 4th District Court of Appeal | 1989 WL 153658

the United Kingdom of conspiracy to contravene section 38(1) of *1345 the Finance Act 1972 by the fraudulent
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Cayson v. Hassfurder, 253 F. Supp. 744 (M.D. Fla. 1966).

Published | District Court, M.D. Florida | 1966 U.S. Dist. LEXIS 7756

...n that Judge Fleet is dead or otherwise disabled, and thereby make clear what is now left to speculation. In any event, it is clear that Judge Fleet was not disqualified under the Florida Statutes. The only automatic disqualification is under F.S.A. § 38.01, which provides that where a judge is a party of record he must disqualify himself....

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