Florida/Georgia Personal Injury & Workers Compensation

and delivered to a resident of Georgia, O.C.G.A. § 38-7-11 acts to invalidate an underinsured coverage

...Neither section 38.10 nor Rule 1.432, Florida Rules of Civil Procedure, explicitly provides for moving for reconsideration of interlocutory orders upon entry of an order of disqualification. Florida practice treatises have stated that there is a right to move for reconsideration, citing as authority section 38.07, Florida Statutes (1989). [1] While section 38.07 does provide for such a motion to be made, it is by its terms confined to disqualification for consanguinity under sections 38.02 and 38.05, Florida Statutes....

...action. There, the statute has modified the common law rule by providing that all of the judge's acts are void, not merely voidable. Since the successor judge must consider the entire action de novo, a motion for reconsideration would be irrelevant. Section 38.07, Florida Statutes, enacted after section 38.10, see Brown v....

...3d DCA 1975) (successor judge had authority to grant relief from judgment). 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....

has a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the

...The judge whose order we review in this appeal is not the judge who engaged in the improper ex parte conferences. [4] The judicial canon forbidding ex parte communications has since been substantially rewritten. See now Fla. Bar Code of Jud. Conduct, Canon 3 B(7) (1995). [5] See § 38.07 Fla....

...alified. On June 14, 1996, Tyler filed a timely motion for reconsideration. This motion effectively revived the trial court's jurisdiction over the case for the limited purpose of reconsidering previous judicial orders entered by Judge Durrance. See § 38.07, Fla....

...entitled to have the judgment vacated as a matter of right. That would be contrary to the wording of rule 2.160(h) as well as Barber, in which the court 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 successor judge then entered three two-sentence written orders denying those motions nunc pro tunc to the date the predecessor judge orally denied them. The successor judge did not rehear the motions and based his denial on the predecessor judge's indication that he was denying the motions. Section 38.07, Florida Statutes (2001), provides: When orders have been entered in any cause by a judge prior to the entry of any order of disqualification ......

...ich adversely affected their deed and title. That petition was presented not to the circuit judge who as county judge had entered the orders in question, for he had become disqualified, but to Circuit Judge Blount, newly assigned to both the estate, § 38.07, F.S., and to the Neelys’ newly-filed independent action for declaratory judgment establishing their deed....

has a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the

...motion for reconsideration. We hold that the petitioners are not entitled to either mandamus or certiorari relief. The petitioners claim that they are entitled to reconsideration of prior rulings by the recused judge as a matter of right, citing to section 38.07, Florida Statutes....