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Florida Statute 38.09 - Full Text and Legal Analysis
Florida Statute 38.09 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 38.09 Case Law from Google Scholar Google Search for Amendments to 38.09

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH
Chapter 38
JUDGES: GENERAL PROVISIONS
View Entire Chapter
38.09 Designation of judge to hear cause when order of disqualification entered.Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification. An order of assignment shall then be entered as provided by the Florida Rules of Judicial Administration. In the event any judge is disqualified as herein provided, upon application for any temporary writ of injunction or habeas corpus, the judge shall immediately enter an order of disqualification, whereupon the cause may be presented to any other judge of a court of the same jurisdiction as the court in which that cause is pending; and it shall be the duty of any such judge to hear and determine such matters until a substitute judge is so designated.
History.s. 10, ch. 16053, 1933; CGL 1936 Supp. 4155(9); s. 11, ch. 63-572; s. 20, ch. 73-333; s. 2, ch. 83-260; s. 211, ch. 95-147.

F.S. 38.09 on Google Scholar

F.S. 38.09 on CourtListener

Amendments to 38.09


Annotations, Discussions, Cases:

Cases Citing Statute 38.09

Total Results: 10  |  Sort by: Relevance  |  Newest First

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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

against the solicitation permit requirement of Section 38-9 of the Ft. Lauderdale City Code. The district
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Chames v. DeMayo, 972 So. 2d 850 (Fla. 2007).

Cited 20 times | Published | Supreme Court of Florida | 2007 WL 4440212

392, 394 (1906); West Virginia: W. Va.Code Ann. § 38-9-6 (2005); Wisconsin: Wis. Stat. Ann. § 815.18(6)(a)
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Long Term Managmt. v. Univ. Nursing Care, 704 So. 2d 669 (Fla. 1st DCA 1997).

Cited 19 times | Published | Florida 1st District Court of Appeal | 22 Fla. L. Weekly Fed. D 2775

...If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action.... The designation of a judge to hear a cause when an order of disqualification has been entered is governed by section 38.09, Florida Statutes, which provides: Every judge of this state shall advise the chief judge of the circuit upon the entry of an order of disqualification....
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In Re Seminole Walls & Ceilings Corp., 388 B.R. 386 (M.D. Fla. 2008).

Cited 11 times | Published | District Court, M.D. Florida

binding." 13 Richard A. Lord, Williston on Contracts § 38.9 (4th ed.2007). Conditions subsequent involve the
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State Farm Mut. Auto. Ins. Co. v. Curran, 83 So. 3d 793 (Fla. 5th DCA 2011).

Cited 9 times | Published | Florida 5th District Court of Appeal | 2011 Fla. App. LEXIS 19186, 2011 WL 6003288

contracts. IB Richard A. Lord, Williston on Contracts § 38:9 (4th ed.2000) (footnotes omitted); see also Seitter
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Golden v. Biscayne Bay Yacht Club, City of Miami, 370 F. Supp. 1038 (S.D. Fla. 1973).

Cited 5 times | Published | District Court, S.D. Florida | 1973 U.S. Dist. LEXIS 10412

municipal use or purpose." [4] Miami, Fla.Code § 38-9.1 provides: The lessee of any property of which
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Fuller v. Blue Cross & Blue Shield of Florida, Inc., 677 F. Supp. 1131 (N.D. Fla. 1987).

Cited 2 times | Published | District Court, N.D. Florida | 1987 U.S. Dist. LEXIS 12721, 1987 WL 35077

reasonable cause or in bad faith.” [S.C.Code Ann. § 38-9-320(1) (1985)] The Fourth Circuit affirmed the
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Riess v. Goldman, 196 So. 2d 184 (Fla. Dist. Ct. App. 1967).

Published | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4997

Fla.App.1964, 161 So2d 54; 8 Fla.Jur., Costs, § 38; 9 Fla.Jur., Damages, § 77; 25 C.J.S. Damages § 50c
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Musselman v. Stanonik, 388 B.R. 386 (M.D. Fla. 2008).

Published | District Court, M.D. Florida | 2008 U.S. Dist. LEXIS 27540

binding.” 13 Richard A. Lord, Willi-ston on Contracts § 38.9 (4th ed.2007). Conditions subsequent involve the
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In re Advisory Opinion to the Governor, 63 So. 2d 274 (Fla. 1953).

Published | Supreme Court of Florida | 1953 Fla. LEXIS 1088

...Parks is the senior circuit judge. It is, therefore, presumed that Judge Tillman is acting as ex officio judge of the said civil claims cottrt under an assignment by the senior judge of the said circuit. These facts present the question of whether the Governor, acting under section 38.09, Florida Statutes [F.S.A.] (there being no provision in said chapter 25574, laws of Florida, acts of 1949, providing for the substitution of judges in case of a disqualification), may assign a judge to the said Civil Claims Court in and...
...“Thanking you in this connection, I am, “Sincerely, “Dan McCarty .Governor.” In response to question one you are advised that when disqualification or inability of the presiding judge of the Small Claims Court of Putnam County or any county is brought to your attention as required by Section 38.09, Florida Statutes 1951, F.S.A., you would be authorized to assign another Small Claims Court Judge of comparable or greater jurisdiction to preside over said Court....
...contemplates that the Senior Circuit Judge or one of the other Circuit Judges of the 13th Judicial Circuits shall be Judge of the Civil Claims Court of Hillsborough County. There is accordingly no authority for you to designate a judge to act under Section 38.09 until you have proof conclusive of the disqualification or inability of all the Circuit Judges in the 13th Judicial Circuit to preside. In response to question three it is our opinion that you are limited to oth’er circuit judges in assigning a judge to preside over the Civil Claims Court. When it becomes your duty to proceed under Section 38.09 to assign a judge to preside over the Civil Claims Court the assignment should be to the Senior Circuit Judge of the 13th Judicial Circuit who in turn should make the assignment to the Civil Claims Court....

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