Florida/Georgia Personal Injury & Workers Compensation

...The case of Florida Patient's Compensation Fund v. Von Stetina, 474 So.2d 783 (Fla. 1985) appears to be good authority for the position of the Petitioner/Husband that this Court has discretion to support the position that Judge Barad may hear this case. Section 38.05, Florida Statutes (1987), authorizes a judge to disqualify himself where, to his knowledge, there is any ground for recusal....

grounds for rehabilitation (Section 38-5-2010), grounds for liquidation (Section 38-5-2060), rehabilitation

...Pate, James H. Bush and H.H. Surber. Counsel for appellant contend in their brief and during oral argument heard at the bar of this Court that Judge H. Clay Lewis as a matter of law, was disqualified to make and enter the orders supra. Sections 38.02 and 38.05, F.S.A., and authorities from other jurisdictions are cited to sustain their position....

...ed in § 38.02 and such waiver shall be valid and binding as to orders previously entered as well as to future acts of the judge therein; provided, however, that nothing herein shall prevent a judge from disqualifying himself of his own motion under § 38.05....

...Whenever any judge shall enter an order under § 38.02 declaring himself qualified to act in said cause, he shall contemporaneously therewith file therein a sworn statement that to the best of his knowledge and belief the ground or grounds of the disqualification named in the suggestion do not exist. "38.05....

...suant to section 38.02, Florida Statutes, which expressly provides for a suggestion of disqualification on grounds that the judge is related to a party or attorney or is a potential witness in the cause. Disqualifications pursuant to sections 38.10, 38.05, and Rule 1.432, Florida Rules of Civil Procedure, by contrast, are not presented by suggestion but by motion or application, according to the express terms of those authorities....

...nother case where Brown and Leisure Properties and Leisure Development were plaintiffs. When Judge Cooksey ultimately determined to grant the motion he also disqualified himself in related cases, including this one, apparently on his own motion, see section 38.05....

...t held that orders entered by a disqualified judge are voidable not void. Appellant's reliance on section 38.07, Florida Statutes (1995) is misplaced because that statute applies only to orders entered prior to final judgment or orders entered under section 38.05, which is inapplicable here....

...The statutes and Rule 2.160(d) set forth the grounds upon which a party may predicate a motion for disqualification. Rule 2.160 lays out the procedural requirements for a motion for disqualification. See Cave v. State, 660 So.2d 705, 707-08 (Fla.1995). While section 38.05, Florida Statutes (2004), authorizes a judge to disqualify herself on her own motion, the statute expressly states that a trial judge's failure to sua sponte disqualify herself "shall not be assignable as error or subject to review." Charles has not preserved the issue of the judge's recusal for appellate review....

J. Stat. Ann. § 2B:20-1 (2018); N.M. Stat. Ann. § 38-5-1 (2018); N.Y. Jud. Law § 510 (McKinney 2018);

PER CURIAM. Affirmed. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150, 1152 (Fla.1979); § 38.05, Fla....

...uch a decision unless there is, or appears to be, a possible conflict of interest under ss. 112.311 , 112.313 , or 112.3143 , F.S., in which case the member shall comply with the disclosure requirements of s. 112.3143 , F.S. 4 Section 38.02 , F.S. 5 Section 38.05 , F.S....