Florida/Georgia Personal Injury & Workers Compensation

...immunity as to the state law claims of unlawful imprisonment, because she had lost jurisdiction over his case when he filed seven affidavits seeking her recusal, and her subsequent incarceration of him was, therefore, unlawful. Sibley asserts that, under Fla. Stat. § 38.10, a litigant need only file an affidavit stating that he fears he will not receive a fair trial in order to bar a judge from proceeding....

...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. Fla. Stat. § 38.10....

...If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. Fla. R. Jud. Admin. 2.160(f). The Florida Supreme Court has noted that Rule 2.160 governs the process for judicial disqualification, while § 38.10 controls the substantive right....

...3, 2005); City of Hollywood v. Witt, 868 So. 2d 1214, 1218 (Fla. Dist. Ct. App. 2004). 10 complaint occurred prior to the Florida Supreme Court’s decision in Tableau. Under the binding precedent regarding Fla. Stat. § 38.10 at the time, therefore, Judge Lando retained jurisdiction over Sibley’s case....

...Where the opposing litigant or opposing counsel has made such a contribution, a reasonable person in the position of movants would fear that he would not receive a fair trial. 561 So.2d at 1168. Accordingly, the court below ultimately concluded that the trial judge should have granted the motions for disqualification. Section 38.10, Florida Statutes (1987), gives litigants a substantive right to seek the disqualification of a trial judge....

...The appellant, who is retarded, was charged with a brutal first-degree murder and sexual battery. The appellant's mother retained Charles A. Wade to represent her son. Prior to his arraignment, appellant filed a motion, verified by him, for the disqualification of Judge Erwin Fleet. In this motion, which was filed under section 38.10, Florida Statutes (1979), appellant set forth specific conflicts between his attorney and the trial judge, concluding that "Judge Fleet is so biased and prejudiced and has so much animosity against his counsel, Charles A....

...any of his clients to get a fair and impartial hearing before Judge Fleet. On April 16, 1980, Judge Fleet denied the motion for disqualification, finding that the motion and accompanying affidavits were legally insufficient under the requirements of section 38.10, Florida Statutes (1979)....

...ice. State ex rel. Mickle v. Rowe, 100 Fla. 1382, 1385, 131 So. 331, 332 (1930). In Florida, there are four separate expressions concerning the disqualification of trial judges, which are set forth in: (1) The Code of Judicial Conduct Canon 3-C; (2) section 38.10, Florida Statutes (1981); (3) Florida Rule of Criminal Procedure 3.230, which was adopted verbatim by this Court from a former statute, section 911.01, Florida Statutes (1967); and (4) Florida Rule of Civil Procedure 1.432....

...When a party believes he cannot obtain a fair and impartial trial before the assigned trial judge, he must present the issue of disqualification to the court in accordance with the process designed to resolve this sensitive issue. The requirements set forth in section 38.10, Florida Statutes (1981), Florida Rule of Criminal Procedure 3.230, and Florida Rule of Civil Procedure 1.432 were established to ensure public confidence in the integrity of the judicial system as well as to prevent the disqualificatio...

...requiring disqualification. Second, the application must be timely made. Third, the judge with respect to whom the motion is made may only determine whether the motion is legally sufficient and is not allowed to pass on the truth of the allegations. Section 38.10 and Florida Rule of Criminal Procedure 3.230 also require two affidavits stating that the party making the motion for disqualification will not be able to receive a fair trial before the judge with respect to whom the motion is made, as well as a certificate of good faith signed by counsel for the party making the motion. *1087 Section 38.10 requires that these affidavits be from persons unrelated to the parties or counsel. No affidavits are required under Florida Rule of Civil Procedure 1.432. Section 38.10 gives to litigants a substantive right to seek the disqualification of a trial judge....

...See also Benyard v. Wainwright, 322 So.2d 473 (Fla. 1975); In re Clarification of Florida Rules of Practice & Procedure, 281 So.2d 204 (Fla. 1973). We reject the state's contention that appellant's motion is invalid because it was filed pursuant to section 38.10 rather than under Florida Rule of Criminal Procedure 3.230....

...been a trial and conviction than when such a motion is reviewed by way of a petition for a writ of prohibition prior to trial. I agree with the majority's statement that Rule 3.230 provides a procedure for effectuating substantive rights bestowed by section 38.10, Florida Statutes (1981). Former section 911.01, Florida Statutes (1969), pertained to the same subject but was a statute dealing with criminal procedure and was therefore superseded by Rule 3.230 and was accordingly later repealed. Ch. 70-339, § 180, Laws of Fla. Section 38.10 remains as a substantive provision regarding the rights of litigants to receive justice at the hands of impartial judges. Only the procedural elements of section 38.10 have been superseded in criminal cases by Rule 3.230....

...entencing of Thibault until after he testified at Chamberlain's trial. Thibault was sentenced before Chamberlain. After the trial court entered its order sentencing Thibault to death, Chamberlain filed a motion to disqualify Judge Mounts pursuant to section 38.10, Florida Statutes (2001)....

...udges, as set forth in Livingston v. State, 441 So.2d 1083, 1086-87 (Fla. 1983): In Florida, there are four separate expressions concerning the disqualification of trial judges, which are set forth in: (1) The Code of Judicial Conduct Canon 3-C; (2) section 38.10, Florida Statutes (1981); (3) Florida Rule of Criminal Procedure 3.230, which was adopted verbatim by this Court from a former statute, section 911.01, Florida Statutes (1967); and (4) Florida Rule of Civil Procedure 1.432....

...al duties. Canon 3-C(1) states that "[a] judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned... ." This is totally consistent with the case law of this Court... . ... The requirements set forth in section 38.10, Florida Statutes (1981), Florida Rule of Criminal Procedure 3.230, and Florida Rule of Civil Procedure 1.432 were established to ensure public confidence in the integrity of the judicial system as well as to prevent the disqualificatio...

...requiring disqualification. Second, the application must be timely made. Third, the judge with respect to whom the motion is made may only determine whether the motion is legally sufficient and is not allowed to pass on the truth of the allegations. Section 38.10 and Florida Rule of Criminal Procedure 3.230 also require two affidavits stating that the party making the motion for disqualification will not be able to receive a fair trial before the judge with respect to whom the motion is made, as...

...circumstances. We discuss each of Barnhill's claims below. ISSUES 1. Motion to Disqualify Barnhill argues the trial court erred in denying his motion to disqualify the trial judge. We disagree and affirm the ruling that the motion was insufficient. Section 38.10, Florida Statutes (2001), gives litigants the substantive right to seek disqualification of a judge. Rule 2.160, Florida Rules of Judicial Administration, sets forth the procedure to be followed in the disqualification process. Section 38.10, provides in pertinent part: 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 j...

...e judge unable to be impartial or maintain the appearance of impartiality. The circuit court denied this motion, which it found to be legally insufficient for three reasons: (1) it did not comply with the technical requirements of Florida Statute 38.10 and Florida 45 In particular, Judge Snyder stated to the state attorney, I am not worried about Mr....

... We thus must determine whether the procedural bar constitutes an adequate and independent state ground. See id. In this case, Ferguson’s counsel brought the original motion to recuse pursuant to Florida Rule of Criminal Procedure 3.230 and Florida Statute § 38.10....

...1985) (describing 3.850 motions as civil actions). In any event, the relevant timeliness standards for all three of these provisions were essentially the same at the time the motion was filed, so this does not affect our analysis.49 Neither Rule 3.230 nor Florida Statute 38.10 discussed timeliness for a post-conviction disqualification motion....

...reasonable time not to exceed 10 days after discovery of the facts constituting the grounds for the motion.” Fla. R. Jud. Admin. 2.330 (2009). 75 so file within such time.”50 Fla. R. Crim. P. 3.230(c) (1989 ed.); see Fla. Stat. § 38.10....

...If the motion is legally sufficient, the judge shall enter an order of disqualification and proceed no further in the action. To determine whether the motion and its supporting documents are legally sufficient, the court must first turn to the literal requirements of Rule 1.432, Fla.R. Civ.P. and Section 38.10, Florida Statutes (1979)....

...If they are not frivolous or fanciful, they are sufficient to support a motion to disqualify on the ground of prejudice. Turning now to the verified motion and the supporting documents in the case at bar, we hold that they satisfy the technical requirements of Rule 1.432, Fla.R.Civ.P. and Section 38.10, Florida Statutes (1979)....

...It would ignore the safeguards embodied in the statute's requirements for two supporting affidavits plus a certificate of good faith. Moreover, such a narrow construction would put relief beyond the reach of all but a minute group of litigants. Such a result would be at odds with the clear intent of the statute. Section 38.10 was crafted to insure confidence in the integrity of our system of justice....

...However, all of the requirements of the rule and the statute must be met and the supporting affidavits must be fully credible. City of Palatka v. Frederick, 128 Fla. 366, 174 So. 826 (1937). Counsel for Dr. Hayslip complied with the requirements of Section 38.10, Florida Statutes (1979), by filing a certificate of good faith....

...The only remaining question is whether the alleged remarks, which were directed at defense counsel rather than his client, could reasonably justify the client's fear that he would not receive a fair trial at the hands of the respondent judge. It is well to remember that Section 38.10, Florida Statutes (1979), refers to "prejudice of the judge ......

inspector. Plaintiffs were also required, under § 38-10, to make detailed financial disclosures about the

...At the time of Parker's penalty phase, Judge Kanarek was the Chief Judge of the Nineteenth Judicial Circuit and was specially assigned to Parker's case by former Chief Justice Harding. When Judge Kanarek recused himself from Parker's case, he lacked the authority to make additional rulings on Parker's case. See § 38.10, Fla....

...ionate. We now address each issue. Disqualification of the Trial Judge The first issue Gregory raises is the trial court’s denial of his motion to disqualify the judge as legally insufficient. “A motion to disqualify is governed substantively by section 38.10, Florida Statutes ......

...The moving party must file an affidavit in good faith “stating fear that he or she will not receive a fair trial ... on account of the prejudice of the judge,” as well as “the facts and the reasons for the belief that any such bias or prejudice exists.” § 38.10, Fla Stat....

...comment but instead misheard the remarks, a motion made on a trial judge’s statement in open court that does not accurately represent what has actually been said cannot comply with the requirement that an affidavit be made “in good faith.” See § 38.10, Fla Stat....

...made "security issues jump to mind." The judge denied the motion as legally insufficient. Parker claims that his due process rights were violated by the judge's denial of his motion to disqualify. A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally by Florida Rule of Judicial Administration 2.330....

...t they were improper. Gore also claims it was error for the trial judge to deny the motion to disqualify, because this judge was a material witness to the allegedly improper ex parte communication. A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally by Florida Rule of Judicial Administration 2.330....

...ntained in Cave's motion for disqualification of the judge. Cave's motion was brought pursuant to rule 2.160 of the Florida Rules of Judicial Administration, rule 3.230 of the Florida Rules of Criminal Procedure, and sections 38.01, 38.02, 38.09 and 38.10 of the Florida Statutes (1991)....

...in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. No other reason for denial shall be stated, and an order of denial shall not take issue with the motion. Fla.R.Jud.Admin. 2.160(d), (f). Section 38.10 states in part: 38.10 Disqualification of judge for prejudice; application; affidavits; etc....

...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. § 38.10, Fla. Stat. (1993). Section 38.10 provides the substantive right to seek disqualification, whereas rule 2.160 controls the procedural process....

...Issue eighteen asserts that the trial court erred in denying Cave's motion for reconsideration. [3] Rule 3.230 was repealed on October 8, 1992, and is therefore inapplicable. Sections 38.01, 38.02, 38.09 are likewise inapplicable since they pertain to issues not relevant to this appeal. Section 38.10 and rule 2.160, however, are directly applicable and form a basis for our opinion....

...BOYD, J., and MELVIN, Associate Justice, concur. ON REQUEST FOR DISQUALIFICATION PER CURIAM. Petitioners have requested the disqualification of Justice Overton from participation in the decision on rehearing in this case, based on sections 38.02 and 38.10, Florida Statutes (1977), and Canon 3C(1) of Florida's Code of Judicial Conduct....

...1975); Department of Revenue v. Leadership Housing, Inc., 322 So.2d 7 (Fla. 1975), cert. denied, 434 U.S. 805, 98 S.Ct. 35, 54 L.Ed.2d 63 (1977). Without expressing any opinion as to the overall legal sufficiency of the petitioners' request, their reliance on sections 38.02 and 38.10 is misplaced....

...Petitioners' request for disqualification will be submitted to Justice Overton for his decision. ENGLAND, C.J., ADKINS, BOYD, SUNDBERG and McDONALD, JJ. and MELVIN, Associate Justice, concur. OVERTON, J., not participating in per curiam. DENIAL OF REQUEST FOR RECUSAL OVERTON, Justice. Pursuant to sections 38.02 and 38.10, Florida Statutes (1977), and the Code of Judicial Conduct, Canon 3(C)(1), petitioners filed a suggestion that I disqualify myself or be disqualified from this cause on the grounds of my close friendship with a lawyer whose law firm had represe...

...ecuse themselves in the cause and participated on the merits. See Ervin v. Collins, 85 So.2d 852 (Fla. 1956). Upon my submission of this matter, the Court receded from the procedure of Ball *1218 and Ervin and expressly found that sections 38.02 and 38.10, Florida Statutes (1977), were not applicable to appellate judges or justices....

...); State v. Cline, 69 N.M. 305, 366 P.2d 441 (1961) (affidavit of disqualification was not timely filed when made after the district judge had judicially rejected requests made by a defendant in a criminal case). In our own state, sections 38.02 and 38.10, Florida Statutes (1977), pertaining to the disqualification of trial judges, codify this general rule of law. Section 38.02 requires that a suggestion for disqualification must be filed not more than thirty days after the plaintiff's attorney has learned of such grounds of disqualification. Section 38.10 requires that the affidavit of disqualification be filed not less than ten days before the beginning of the term of court. In Data Lease Financial Corporation v. Blackhawk Heating & Pacific Co., Inc., 325 So.2d 475 (Fla. 4th DCA 1975), the district court held under the authority of section 38.10 that a motion to disqualify was not timely filed where the plaintiff had waited until after an unfavorable ruling to request the trial judge's recusal....

...nding on my office door somewhat incensed. We got that straightened out, but that's my most vivid recollection of my relationship with Mr. Pearl. Quince's motion was governed by rule 2.160(g) [3] a of the Florida Rules of Judicial Administration and section 38.10, Florida Statutes (1995). [4] Both the rule and statute state that a successive judge is not disqualified "unless such judge admits and holds that it is then a fact that he does not stand fair and impartial between the parties." § 38.10, Fla....

...sive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case. Such a successor judge may pass on the truth of the facts alleged in support of the motion. Fla. R. Jud. Admin. 2.160(g). [4] Section 38.10, Florida Statutes (1995), states in pertinent part: [W]hen 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 as...

...s, 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. § 38.10, Fla....

...[5] Judge Johnson also denied the motion as untimely because it was filed the day of the hearing (November 8, 1996) and he had been the assigned judge for two months (September 4, 1996). However, this point is moot because the judge considered the motion and denied it on other grounds. [6] See § 38.10, Fla....

...e assignment of another judge within the circuit to preside over the new trial. SCL filed a motion to strike the appellant's motion to recuse, alleging that the motion to recuse did not meet the technical requirements of a recusal motion embodied in Section 38.10, Florida Statutes....

...hod for moving to disqualify a judge for bias, appellant responded that the statute had been superseded by the rule. The lower court ruled that the statute and rule are to be read in pari materia; that the affidavits did not meet the requirements of Section 38.10, Florida Statutes, and therefore denied the motion for recusal....

...We agree that the lower court erred by not granting the motion to recuse, but our ground for this determination is different from that advocated by the appellant. Appellant relies on a committee note, proposed by the Bar committee that drafted the rule, for her argument that Rule 1.432 supersedes Section 38.10. That note provides: "This rule replaces the procedural parts of §§ 38.02, 38.04 and 38.10, F.S....

...procedure for disqualification." Id. at 173. [10] Due to the fact that the amended committee note refers to "unifying" the disqualification procedure in a civil case, it is apparent that the lower court properly read Rule 1.432 in pari materia with Section 38.10, Florida Statutes....

...4th DCA 1981); compare Jackson v. Korda, 402 So.2d 1362 (Fla. 4th DCA 1981) (criminal case). In considering both the language in the rule and the statute, we think that it is inappropriate to deny a recusal motion simply because the technical requirements of section 38.10 were not satisfied....

...See Rules of Evidence for United States Courts and Magistrates, 56 F.R.D. 183 (U.S. 1972); 88 Stat. 1947 (1975). [7] The homicide accident report constitutes an example of inadmissible evidence. See § 316.066(4), Fla. Stat.; Duval Motor Co. v. Woodward, 419 So.2d 303, 304 (Fla. 1982). [8] Section 38.10, Florida Statutes, states in relevant part: 38.10 Disqualification of judge for prejudice; application; affidavits; etc....

...If the motion is legally sufficient, the judge shall enter an order of disqualification and proceed no further in the action. (e) Judge's Initiative. Nothing in this rule limits a judge's authority to enter an order of disqualification on the judge's own initiative. [10] In this case we do not reach the issue of whether Section 38.10, Florida Statutes, is violative of Article II, Section 3 of the Florida Constitution, dealing with the separation of powers....

...paign mailing by the judge's reelection committee, the husband's attorney first learned that the wife's attorney was acting as co-chairman of the committee. Thereafter, on January 13, 1986, the husband filed a motion for disqualification pursuant to Section 38.10, Florida Statutes and Florida Rule of Civil Procedure 1.432, supported by the husband's affidavit....

...ion, see also Gieseke, 418 So.2d at 1057. We believe the husband's motion was made within a reasonable time. The respondent also contends that although Caleffe's motion may be sufficient under Rule 1.432, he failed to comply with the requirements of Section 38.10, Florida Statutes by attaching to the motion a certificate of counsel that the affidavit and motion were made in good faith. The supreme court has held that Florida Rule of Criminal Procedure 3.230, the criminal counterpart of Rule 1.432, rather than section 38.10, controls the disqualification process in a criminal case....

...y the rule, held that the rule and the statute were to be read in pari materia. Id. at 1224. The court went on to hold that it was inappropriate for the court below to deny the appellant's recusal motion "simply because the technical requirements of section 38.10 were not satisfied." We agree....

...Kokal's pending Rule 3.850 motion. Specifically, the Court finds that it is not true that it `cannot be impartial' because of the potential testimony of William Robert O'Kelly, Jr. herein." [9] Substantively, the disqualification of a judge is controlled by section 38.10 of the Florida Statutes, while procedurally it is controlled by rule 2.160 of the Florida Rules of Judicial Administration. Also relevant is Canon 3E of the Florida Code of Judicial Conduct. Both section 38.10 and rule 2.160 provide that a different standard should be utilized for a successive disqualification motion than is used for an initial motion. Section 38.10 provides, in relevant part: [W]hen 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 t...

...unt 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. § 38.10, Fla....

...contract between appellant and Echols for Baskovich's murder. Appellant was arrested at the conclusion of the third meeting. Appellant's first allegation of error concerns the denial of his motion for disqualification of the trial judge, pursuant to section 38.10, Florida Statutes (1983)....

...Counsel for the appellees has filed herein a suggestion of disqualification of Associate Judge Stanley MILLEDGE who prepared the opinion of the court in this cause, or in the alternative, that said Stanley Milledge recuse himself. The court has considered the suggestion of disqualification and the same is hereby denied. See § 38.10, Fla....

...motion for hearing, is not sufficient to excuse a plaintiffs lack of record activity during the year in which the motion—not noticed for hearing—remained pending." Fuster-Escalona v. Wisotsky, 715 So.2d 1053, 1054 (Fla. 4th DCA 1998). We disagree. Section 38.10, Florida Statutes (1993), provides: Disqualification of judge for prejudice; application; affidavits; etc.—Whenever a party to any action or proceeding makes and files an affidavit stating that he fears he will not receive a fair trial...

...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. § 38.10, Fla....

...the case pending; it must be an affirmative action calculated to move the suit to judgment. See Toney, 600 So.2d at 1100. A motion to disqualify a judge is just such an action because until the matter is resolved the trial court cannot proceed. See § 38.10, Fla....

...the subsequently filed motion to dismiss. This Court holds that a motion to disqualify constitutes record activity regarding a claim of failure to prosecute, and that the trial court's failure to act immediately on the motion to disqualify violated section 38.10 and rule 2.160, as did the trial court's ruling on the motion to dismiss while the motion to disqualify was pending....

...The Parsons' motion was made with reference to Canon 2 of the Code of Judicial Conduct, which provides that "[a] judge should avoid impropriety and the appearance of impropriety in all his activities." The trial court held the motion was legally insufficient because it was not in compliance with Section 38.10, Florida Statutes and Florida Rule of Civil Procedure 1.432....

...It is not a question of how the judge feels; it is a question of what feeling resides in the affiant's mind and the basis for such feeling." Livingston v. State, 441 So.2d 1083, 1086 (Fla. 1983) (quoting Dewell, 131 Fla. at 573, 179 So. at 697-98). Accord § 38.10, Fla....

...However, since Judge Smith has retired, he will no longer preside over this case; therefore, certiorari rather than prohibition is appropriate. Barber v. MacKenzie, 562 So.2d 755, 757 (Fla. 3d DCA 1990). - Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2014), and procedurally by Florida Rule of Judicial Administration 2.330....

...had jurisdiction to enter the order enforcing settlement. LTM's final point challenges the validity of the appointment of the substitute judge who entered the order here under attack. The statute governing disqualification of a judge for prejudice, section 38.10, Florida Statutes, states in part: 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...

...nally protected announcements of personal views on disputed legal and political issues within the sphere of prohibited speech.” However, Florida Family’s complaint did not challenge the constitutionality of, or even mention, Fla. Stat. § 38.10. Section 38.10, along with its procedural Rule of Judicial Administration 2.330, gives parties the right to move for the disqualification of a judge if the party has a reasonable fear that he cannot receive a fair trial in front of that judge....

...Florida Family is seeking a decision that Canon 3E(1) and subpart (f) are either facially unconstitutional or unconstitutional as applied to judicial candidates who answer its questionnaire. The defendants argue that apart from the canons, Fla. Stat. § 38.10 and Rule of Judicial Administration 2.330 in combination will lead to the same result that the threat of an action by the JQC will, which is disqualification. Section 38.10 gives parties the right to move to disqualify a judge when the party fears that “he or she will not receive a fair trial . . . on account of the prejudice of the judge of that court against the applicant or in favor of the adverse party.” Fla. Stat. § 38.10. Rule of Judicial Administration 2.330 specifies that a motion to disqualify must 20 show that “the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge.” Fla. R. Jud. Admin. 2.330. If the judge denies a motion to disqualify brought under § 38.10 the movant has the right to appeal. Lynch v. State, ___ So. 2d ___, Nos. SC06- 2233, SC07-1246, 2008 WL 4809783, at *26 (Fla. Nov. 6, 2008). As the Florida Supreme Court recently held: “A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330.” Id. The motion to disqualify in Lynch cited § 38.10 and Rule 2.330, as well as Canon 3E(1). Id. at *4. Judge Wolf, the chairman of the JQC, testified in this case that “the grounds for recusal under § 38.10 and [Canon] 3E would appear to be relative—would appear to be the same, same standards.” He gave his opinion that a judge who improperly refused to disqualify himself after receiving a § 38.10 motion to do so “would be reversed in the appellate courts,” although failure to disqualify might “not constitute a violation of the Code, which we would pursue.” Judge Wolf testified, however, that he could not “conceive of any situation where something would be a violation of the canon [3E(1)] and would not also be a violation of 38.10.” 21  The Florida Supreme Court has also held, in effect, that § 38.10 and the Canons require the same thing....

...2d 1083, 1086 (Fla. 1983). In Livingston the court cited the Canon’s requirement that a judge disqualify himself when his “impartiality might reasonably be questioned” and concluded that it was “totally consistent” with Florida case law applying § 38.10. Id....

...hands of the judge.” Id. (quoting State ex rel. Brown v. Dewell, 179 So. 695, 697–98 (Fla. 1938)); see also Berry v. Berry, 765 So. 2d 855, 857 (Fla. 5th DCA 2000) (quoting Canon 3E(1) when describing the standard for granting a motion under § 38.10)....

...Those two ways are separate routes to the same destination, and they share the same standard. Canon 3E(1), backed by the threat of a disciplinary proceeding, requires a judge to disqualify himself if his “impartiality might reasonably be questioned.” Fla. Stat. § 38.10, supplemented by Rule 2.330, allows a party to have a judge disqualified for the same reason....

...Nothing a federal court could do or say about the challenged canon would alter what the state courts could do under the statute. There are two reasons. First, in this lawsuit Florida Family has only challenged the canon, not the statute. Its thirteen-page complaint never mentioned § 38.10 or Rule 2.330. The district court did not mention § 38.10 either, probably because Florida Family did not. Even on appeal Florida Family did not mention § 38.10 or Rule 2.330 until it was forced by the defendants’ argument to address those provisions in its reply brief. Second, it is doubtful that Florida Family could have obtained any relief against the threat of disqualification that § 38.10 poses, even if it had sought to do so....

...2005) (noting that under Young, state officials may be enjoined in their official capacity from enforcing unconstitutional laws without running afoul of state sovereign immunity). An injunction against the members of the JQC would protect state judges from discipline under Canon 3E(1) and subpart (f). Section 38.10, by contrast, is not enforced by specific state officials who can be named as defendants in a lawsuit and enjoined from acting if the suit is successful....

...partiality issue is raised. Because there is no way to determine the identity of the future parties who will raise the issue, there is no one who can be enjoined. Nor can the district court enjoin the state courts that will decide the issue under § 38.10 when it is brought up....

...state court proceedings merely because those proceedings interfere with a protected federal right. . . .”). Thus, there would be no defendant for Florida 24 Family to sue in order to obtain a judgment that § 38.10 was unconstitutional, and there would be no way for a district court to effectuate such a judgment. Anything that the district court or this Court says about the constitutionality of the common standard underlying the canon and statute would not bind Florida courts applying the statute....

...enforcement of Canon 3E(1) and subpart (f) will do nothing to lift the chill that prevents Judge Stargel or any other judge from responding to the questionnaire because it does nothing to remove the asserted penalty. The chill wind from that asserted penalty will still blow in from § 38.10....

...ciple of law resulting in a miscarriage of justice, we exercise jurisdiction and grant certiorari. See Combs v. State, 436 So.2d 93 (Fla. 1983); Frazee. The circuit court's issuance of the writ of prohibition merely recited the statutory language of section 38.10, Florida Statutes (1993). In this case, the circuit judge interpreted section 38.10, Florida Statutes (1993) as requiring automatic disqualification simply upon the filing of an affidavit of bias....

...We take judicial notice of an order of recusal entered by the same trial judge in State v. Tyson, 644 So.2d 186 (Fla. 4th DCA 1994), presently on review before this court, in which he stated his "belief that any Judge should recuse himself from a case when asked to do so by an attorney." The circuit court's interpretation of section 38.10, that disqualification is automatically required upon the filing of an affidavit of a judge's bias or prejudice, is directly contrary to the law of the state....

...Super Kids Bargain Store, Inc., 565 So.2d 1332 (Fla. 1990). The state argues that this court's refusal to hear this *1166 petition will effectively sanction the systemically damaging practice of judge-shopping. We conclude that the circuit court judge has misinterpreted section 38.10 and has substituted his own personal opinion of what the law of judicial disqualification should be....

court held unconstitutional subsection (a) of Section 38-10, the City of Miami disorderly conduct ordinance

...Petitioners seek review of the decisions in St. George Island, Ltd. v. Rudd, 547 So.2d 958 (Fla. 1st DCA 1989), and St. George Island, Ltd. v. Rudd, 547 So.2d 961 *254 (Fla. 1st DCA 1989), wherein the district court of appeal certified the unarticulated question of how to interpret section 38.10, Florida Statutes (1989)....

...se were also parties in those causes." Eventually, this Court assigned retired Circuit Judge John A. Rudd to all related litigation involving Brown and Stocks. [2] In 1989, Stocks moved to disqualify Judge Rudd from hearing suits I and III, invoking section 38.10....

...According to the motions, Judge Rudd had made derogatory remarks concerning Stocks' veracity during a hearing in suit I. Judge Rudd denied the motions. Stocks then filed a petition in the district court of appeal seeking to prohibit Judge Rudd from further presiding in suits I and III. Stocks contended that under section 38.10 Judge Rudd had to accept the truth of the allegations of motions for recusal and that such allegations presented a legal basis for recusal. Brown argued that Stocks had previously secured the recusal of Judge Cooksey as well as all other judges of the Second Judicial Circuit and that as a consequence Judge Rudd had to disqualify himself under section 38.10 only if he were to admit that he did not "stand fair and impartial between the parties." The district court of appeal reasoned that the second disqualification provision of section 38.10 only became applicable when there had been a prior disqualification under section 38.02, Florida Statutes (1989), and that neither of Judge Cooksey's disqualifications had taken place under section *255 38.02. [3] The court held that the allegations of Stocks' motions were legally sufficient under the first portion of section 38.10 and issued writs of prohibition, thereby disqualifying Judge Rudd from further participation in both suits....

...That statute provides that if the truth of the suggestion appears from the record, the judge shall disqualify himself. If the truth of the suggestion does not appear from the record, the judge may receive affidavits to determine the truth or falsity of the suggestion and enter an order accordingly. Section 38.10 reads as follows: Disqualification of judge for prejudice; application; affidavits; etc....

...red 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. When a party seeks to disqualify a judge under section 38.10, the judge cannot pass on the truth of the statements of fact set forth in the affidavit....

...695 (1938). The facts and reasons for the belief of prejudice must be taken as true, and the judge may only pass on the legal sufficiency of the motion and supporting affidavits to invoke the statute. Raybon v. Burnette, 135 So.2d 228 (Fla. 2d DCA 1961). Section 38.10 creates a substantive right to seek the disqualification of a trial judge, but the process of the disqualification is procedural....

...Thus, Florida Rule of Civil Procedure 1.432 and Florida Rule of Criminal Procedure 3.230 govern the procedural aspects of disqualification. The issue which prompted the district court of appeal to certify these cases is whether the latter portion of section 38.10 relating to a second disqualification refers to a previous disqualification under section 38.02 or to a previous disqualification under section 38.10. The court below first pointed to the latter portion of section 38.10 which refers to a situation in which a party once before "has suggested the disqualification of a trial judge." The court reasoned that this must refer to a previous *256 disqualification under section 38.02 which expressly provides for a suggestion of disqualification rather than the first portion of section 38.10 which does not contain the word "suggestion." With all due respect, we cannot accept this analysis. Section 38.10 was passed as a single section containing only five sentences....

...age of the first portion which calls for the judge's disqualification whenever a party "makes and files an affidavit stating that he fears he will not receive a fair trial." In any event, the legislature could not have intended the latter portion of section 38.10 to refer to section 38.02 because section 38.02 did not become law until ten years after section 38.10 was enacted. [4] Thus, we hold that when the latter portion of section 38.10 refers to a prior disqualification, it refers to a disqualification accomplished pursuant to the first portion of section 38.10. As a necessary corollary, this means that disqualifications under section 38.02 are irrelevant to section 38.10 and that a subsequent disqualification under section 38.02 shall be treated in the same manner as an initial disqualification under that statute. [5] Notwithstanding our construction of section 38.10, Stocks advances several additional reasons why the second portion of section 38.10 did not apply to his efforts to disqualify Judge Rudd. First, we reject his contention that the latter portion of section 38.10 pertaining to a second disqualification is invalid because its provisions are not contained in Florida Rule of Civil Procedure 1.432....

...Likewise, we reject Stocks' argument that the requirements for the second disqualification pertain only to the judge immediately appointed to the case following the first disqualification. We believe that the legislature intended that a party should have only one unfettered right to obtain a judge's disqualification under section 38.10. When a party has obtained the disqualification of a judge under section 38.10, that party's subsequent effort to disqualify another judge under the same statute is subject to the conditions of the latter portion of that statute regardless of whether an intervening judge has presided. Finally, Stocks argues that the latter portion of section 38.10 does not apply to the disqualification of Judge Rudd because no judge in either case had been previously disqualified on his suggestion pursuant to the first portion of section 38.10. The record supports this contention. In suit I, Stocks originally moved to disqualify Judge Cooksey, invoking the provisions of both sections 38.02 and 38.10, [6] but this motion had been denied....

...It is obvious that Judge Cooksey recused himself in both suits I and III because of the allegations directly impugning his integrity which were contained in *257 the complaint filed in suit II. A voluntary disqualification does not bring into play the second portion of section 38.10. Thus, it is necessary to analyze Stocks' motions to disqualify Judge Rudd under the first portion of section 38.10....

...heard testimony from Stocks, tossed the affidavit back and said, "If Mr. Stocks were here I wouldn't believe him anyway." While this version of what occurred is disputed, the truth of the movant's assertions of fact must be admitted for purposes of section 38.10....

...547 So.2d at 960 (footnote omitted). Thus, we hold that the motions should have been granted and that Judge Rudd is disqualified further to act in these proceedings. [7] Accordingly, we approve the decisions below but disapprove the district court of appeal's interpretation of section 38.10....

...o parties to the several suits. [2] Brown and Stocks are engaged in other related lawsuits that are not the subject of these petitions. [3] The record contains nothing to indicate why other second circuit judges may have disqualified themselves. [4] Section 38.10 was originally enacted in this form as section 1, chapter 9276, Laws of Florida (1923), and section 38.02 was originally enacted as section 3, chapter 16053, Laws of Florida (1933). [5] Because section 38.10 is vulnerable to the possibility of judge-shopping, it was logical for the legislature to make it more difficult to effect a second disqualification under that statute....

...ualification and because the truth of the movant's allegations can be tested, there was little reason to make it harder to disqualify a second judge under section 38.02. [6] The district court of appeal concluded that the motion had been filed under section 38.10, but in light of our disposition of these cases, it makes no difference which statute was involved. [7] We hasten to add that our holding should not be construed to mean that a judge is subject to disqualification under section 38.10 simply because of making an earlier ruling in the course of a proceeding which had the effect of rejecting the testimony of the moving party. At the very least, before section 38.10 can be successfully invoked in this context, there must be a clear implication that the judge will not believe the complaining party's testimony in the future.

...A litigant who is in the midst of a trial and is then informed that the presiding judge believes her lawyer to be greedy, deceitful, unethical, and an extortionist, would be a fool not to have "fears" that she will not receive a fair trial. "Fear" is all that is required under the statute. See § 38.10, Fla....

...well taken insofar as the petition sought to substitute a new trial judge in place of the respondent judge. The husband contends, however, that the petition is not moot with respect to orders already entered by the trial court. He argues that under section 38.10, Florida Statutes (1989) and Rule 1.432, Florida Rules of Civil Procedure, entry of an order of disqualification by the trial court permits him to move for reconsideration of the orders previously entered by the disqualified judge....

...ose an opportunity to move for reconsideration to which he is otherwise entitled. The theory of petitioner's motions for disqualification was that the trial judge should be disqualified on account of prejudice, the grounds for which are set forth in section 38.10, Florida Statutes. 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....

...217, 219 (1935). [2] Common law principles remain in force in Florida except to the extent modified or repealed by statute. See § 2.01, Fla. Stat. (1989); Choctawhatchee Elec. Co-op., Inc. v. Major Realty Co., 161 So.2d 837, 839 (Fla. 1st DCA 1964). Section 38.10 provides that when the trial judge is disqualified, "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." Section 38.10 thus specifies that the ordinary procedure for 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....

...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....

...Raichl indicates, in the rare case of a common law, rather than statutory, disqualification reconsideration is also available. See also Aetna Life & Casualty Co. v. Thorn, 319 So.2d 82, 84 (Fla. 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....

...or is likely to recur. See Gregory v. Rice, 727 So.2d 251, 252 n. 1 (Fla.1999) (citing Dugger v. Grant, 610 *966 So.2d 428, 429, n. 1 (Fla.1992)). Because the issue in this case is likely to recur, we exercise our discretion to retain jurisdiction. Section 38.10, Florida Statutes (1999), gives litigants the substantive right to seek disqualification of a judge. Florida Rule of Judicial Administration 2.160 sets forth the procedure to be followed when seeking disqualification. Section 38.10 provides, in pertinent part: 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 j...

...This Court has jurisdiction pursuant to Florida Rule of Appellate Procedure 9.030(b)(3). The petitioner, respondent wife in the dissolution proceeding below, filed a verified motion for disqualification of judge and substantiating affidavits as required by Section 38.10, Florida Statutes (1981)....

...ve a fair trial because of respondent's bias and prejudice. We need only resolve one question: Does petitioner's motion and supporting affidavits comply with the standards in Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981), and Florida Statute 38.10? Rule 1.432(d), Florida Rules of Civil Procedure, provides that when a judge is confronted with a motion for disqualification: The judge against whom the motion is directed shall determine only the legal sufficiency of the motion....

...However, the affidavits contained sufficient information based upon personal knowledge to support the petitioner's motion. The fact that the affiants referred to information furnished by the petitioner should not operate to invalidate the affidavits sufficiency under Florida Statute 38.10....

...Locke v. Sandler, 156 Fla. 136, 23 So.2d 276 (1945); Wilson v. Renfroe, 91 So.2d 857 (Fla. 1957). However, the facts alleged in petitioner's motion must be taken as true since the motion is supported with the documentation required by Florida Statute 38.10....

...fication. In her motion, the petitioner explained that the facts giving rise to her fear that she would not receive a fair trial did not arise until after December 31, 1981. It is obvious that she could not have complied with the time requirement of Section 38.10, Florida Statutes, until she was confronted with sufficient facts to justify a reasonable fear that she could not obtain a fair trial before the respondent....

...nt proceedings, and believed that Judge Kelly is biased and prejudiced against William B. Goodson as well as his law partners, W.M. and E.B. Larkin, to the extent the defendant will not receive a fair and impartial trial. Florida Statutes Annotated, § 38.10 sets up the procedure for disqualification of a judge for prejudice....

...If the motion is legally sufficient, the judge shall immediately enter an order granting disqualification and proceed no further in the action. If any motion is legally insufficient, an order denying the motion shall immediately be entered. Fla. R. Jud. Admin. 2.160(e)-(f) (emphasis added). Additionally, section 38.10, Florida Statues (2000), gives parties the right to seek disqualification of a trial judge for bias or prejudice....

...her 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. Rule 2.160 governs the process for judicial disqualification, while section 38.10 controls the substantive right....

...The court denied the motion for recusal as legally insufficient on August 5th, 2004. Allegations in a motion to recuse or disqualify a trial judge are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla....

...a previous case does not present a direct conflict of interest, it does support petitioner's claim of a well founded fear that he will not receive a fair trial before this judge. Fischer v. Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla....

...en banc consideration. II. While the procedure for disqualification of judges in civil cases is governed by Rule 1.432, Florida Rules of Civil Procedure, the substantive standards for disqualification are found in the Code of Judicial Conduct and in section 38.10, Florida Statutes (1987)....

...files an affidavit stating that he fears he will not receive a fair trial ... on account of the prejudice of the judge ... against the applicant or in favor of the adverse party, the judge shall proceed no further, but another judge shall be designated... . § 38.10, Fla....

...The standards set forth can, of course, be a matter of frustration for a trial judge. Although the trial judge may strongly disagree with the factual matters set forth in the affidavit, the trial judge must accept the affidavit as true and consider solely the issue of legal sufficiency. Fla.R.Civ.P. 1.432; § 38.10, Fla....

...legislature. A further basis for my belief that standing alone a contribution of under $1,000 cannot form a legally sufficient ground for disqualification is found in the interplay of our statutes, rules of procedure, and canons of judicial conduct. Section 38.10, Florida Statutes (1987) creates the substantive basis for disqualification of a trial judge....

...f). [10] Respondent also relies on Rocha v. Ahmad, 662 S.W.2d 77 (Tex. Ct. App. 1983), which contains reasoning contrary to the position we adopt. The Texas decisions in this area are unpersuasive. According to Rocha, Texas has no counterpart to our section 38.10, Florida Statutes, and confines disqualification to cases of consanguinity or pecuniary interest....

...For example, it is legal for a judge to hold shares in a corporation, but the judge is disqualified from hearing matters pertaining to the corporation. Fla.Bar Code Jud.Conduct Canon 3 C(1)(c). Similarly, it is legal to accept a contribution within the statutory limits, but it does not follow that section 38.10 and the Code of Judicial Conduct are inapplicable where the judge is asked to hear a case involving a large contributor. There is a fundamental conceptual flaw in the premise that because an activity is legal, it is exempt from scrutiny under section 38.10 or the Code of Judicial Conduct....

...has a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the law of contracts. Often what looks like a condition subsequent in form is actually a condition precedent in effect." Id. § 38.9; see also id. § 38.10 ("They are in substance conditions precedent to a duty of immediate performance and are subsequent only in form.")....

...We conclude that Petitioners' motion was legally sufficient and that Petitioners were not required to conduct an investigation relating to the impartiality of the judge. Disqualification of a trial judge is governed procedurally by Florida Rule of Judicial Administration 2.160 and substantively by section 38.10, Florida Statutes, and the case law applying it....

...In addition, the rule provides that the motion must be filed within a reasonable time not to exceed ten days after the discovery of the facts constituting the basis for the motion. Fla. R. Jud. Adm. 2.330(e). Substantively, the disqualification of a judge is governed by section 38.10, Florida Statutes (2010)....

...Frederick, resident circuit judge of Volusia County, without any objection to his presiding in the cause being voiced by either the plaintiff or the defendant. On May 19, 1953, the plaintiffs filed a suggestion and affidavit pursuant to the provisions of section 38.10, Florida Statutes 1951, F.S.A., suggesting the disqualification of the resident judge to entertain further jurisdiction of the cause on the ground that the judge was prejudiced against the plaintiff and in favor of the defendant. The circuit judge refused to disqualify himself upon the showing made in the affidavits and this proceeding followed. Section 38.10, Florida Statutes 1951, F.S.A., provides, in part, that "Whenever a party to any action or proceeding, shall make and file an affidavit that he fears that he will not receive a fair trial in the court where the suit is pending on accoun...

...Hahn, Jr., M.D., and in favor of Charles F. Tribble, M.D., and that said Theodore F. Hahn, Jr., M.D., will not receive a fair trial before the Honorable Herbert B. Frederick in connection with the above styled case." It will be observed from a reading of section 38.10, supra, that this statute requires, as a predicate for the disqualification of a judge on the ground of bias or prejudice, that the affidavit filed by the moving party "shall state the facts and the reasons for the belief that any such bias or prejudice exists"....

...Petitioner (employer/carrier) has filed a petition for writ of prohibition seeking to preclude the deputy commissioner from presiding over further proceedings regarding a claim of Carlos Coronado. The deputy denied petitioner's "motion to recuse," filed pursuant to § 38.10, Florida Statutes (1981)....

...SHIVERS, JOANOS and NIMMONS, JJ., concur. NOTES [1] As we agree with the decision of the deputy that the facts alleged are insufficient to support disqualification, we do not reach the issue raised by respondent of whether the motion meets the technical requirements of § 38.10, Fla....

...issues not already tried, but that he would rule on the issues already tried. The final judgment appealed from was entered February 20, 1979, and the order on application for disqualification was entered February 21, 1979. The procedure provided by Section 38.10, Fla....

...the substance of its ruling on the merits. The order entered by the trial court recusing itself from trial of the remaining issues that had been severed for separate trial specifically reserved jurisdiction to rule on those matters previously tried. Section 38.10, Fla.Stats....

...Robert G. Murrell, of Sam E. Murrell & Sons, Orlando, for appellant. C. Arthur Yergey, of Yergey & Yergey, Orlando, for appellee. SMITH, Judge. The plaintiff-appellant filed his suggestion and motion for disqualification of the trial judge as authorized by Section 38.10, Florida Statutes, F.S.A....

...§ 38.02 (1973); See 18A Fla.Jur., Judges, §§ 54 and 62, (1971)." Appellants correctly point out our error, which we here acknowledge. Instead of relying on Fla. Stat. 38.02 with the thirty day time limit as we supposed, appellants relied upon Fla. Stat. 38.10 in challenging the qualification of the trial judge. And so we newly consider the appellate issue. Fla. Stat. § 38.10 (1973) requires that the affidavit for disqualification be filed, "not less than ten days before the beginning of the term of court, or good cause shown for the failure to so file same within such time." Our view and holding is that the trial court was correct in declining disqualification....

...e to inspect the [Glock G30] in chambers, and the trigger pull is not even close to being a `hair trigger,'" Lynch filed a motion to disqualify the postconviction judge. Lynch premised his motion on Florida Rule of Judicial Administration 2.160, [6] section 38.10, Florida Statutes (2006), and Canon 3E(1) of the Code of Judicial Conduct....

...Accidental Discharge Our analysis in Part II.A.iv, supra, explains that the facts of this case are wholly inconsistent with accidental discharge and, therefore, we deny relief on this claim. C. Alleged Judicial Bias A motion to disqualify is governed substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of Judicial Administration 2.330....

...action in the case. Livingston v. State, 441 So.2d 1083, 1086-87 (Fla. 1983); Crosby v. State, 97 So.2d 181, 183-84 (Fla. 1957); Sikes v. Seaboard Coast Line R.R. Co., 429 So.2d 1216, 1224-25 (Fla. 1st DCA), review denied, 440 So.2d 353 (Fla. 1983); § 38.10, Fla....

disorderly conduct under subsections (a) and (f) of § 38-10, Miami City Code, commonly known as the "disorderly

...At the start of proceedings, relators filed motions to disqualify three board members from participation in the hearing by reason of their alleged prejudice. The motions to disqualify were made, with appropriate supporting affidavits, pursuant to F.S. 1967, Section 38.10, F.S.A., which section relators contend is made applicable to the Board of Public Instruction by F.S. 1967, Section 120.09, F.S.A., part of the Administrative Procedure Act. We believe, and it is not seriously urged otherwise, that the affidavits of bias and prejudice submitted were manifestly sufficient under F.S. 1967, Section 38.10, F.S.A....

...If *9 the disqualified member is an elected official and is not authorized by the statutes to exercise judicial powers the governor shall appoint a substitute * * *." The procedure for disqualification is the same under either subsection. Although specifically provided for in subsection (1), the procedure of F.S. 1967, Section 38.10, F.S.A., is equally applicable to subsection (2)....

...rules and regulations and minimum standards of the state board. * * *" Since the state board is within the scope of the Administrative Procedure Act, [4] these considerations alone seemingly would determine the appropriateness of Sections 120.09 and 38.10 as providing minimum standards for the disqualification of county board members when charged with bias or prejudice....

...hority, administrative *10 body or governmental agency existing under the laws of Florida. By providing statutorily what due process requires, i.e., that quasi-judicial functions be exercised by a fair, unbiased tribunal, Section 120.09, and thereby Section 38.10, to a large extent merely codified that which the common law requires in any event. [7] Thus, when Section 120.09 was incorporated into the Administrative Procedure Act in 1961, the effect was to make it, and therefore Section 38.10, expressly applicable to "agencies" as defined in Section 120.021(1), supra....

..."A [recusal] motion is legally sufficient if it shows that the party making the motion has a well-grounded fear that he or she will not receive a fair trial from the presiding judge." Barwick v. State, 660 So.2d 685, 691 (Fla.1995), cert. denied, ___ U.S. ___, 116 S.Ct. 823, 133 L.Ed.2d 766 (1996); § 38.10, Fla....

...As no abuse of the chancellor's discretion is shown, we have concluded that the amount awarded as costs is correct. The wife further contends that the chancellor erred in refusing to disqualify himself for bias and prejudice. A motion for disqualification under § 38.10, Fla. Stat., F.S.A. was filed by the wife without supporting affidavits. The motion, which was filed after the final order, was denied because it did not meet the substantial requirements of § 38.10, supra....

...not take with a streetside fireplug. Five days later, on October 16, counsel for the County presented arguments against the motions to disqualify, arguments which consumed almost 100 pages of the trial transcript. The trial judge denied the motions. Section 38.10, Florida Statutes (1989), and Florida Rule of Civil Procedure 1.432 govern disqualification of a trial judge....

...Dobbs House, 442 So.2d 1026 (Fla. 1st DCA 1983). On the other hand, the motion's allegations are reviewed under the de novo standard as to whether the motion is legally sufficient as a matter of law, so that we need not defer to the trial court on questions of law. § 38.10, Florida Statutes (1999); Armstrong v....

...State, 630 So.2d 513, 516 (Fla.1993). Furthermore, this Court has held that when a motion to disqualify a judge is made, "until the matter is resolved the trial court cannot proceed." Fuster-Escalona v. Wisotsky, 781 So.2d 1063, 1065 (Fla.2000) (citing § 38.10, Fla....

...Petitioner filed a timely motion to disqualify based on these comments attributed to the trial judge. The trial judge denied the motion. Allegations in a motion to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla. 2000), cert. denied, 532 U.S. 958, 121 S.Ct. 1487, 149 L.Ed.2d 374 (2001). A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally by rule 2.160, Florida Rules of Judicial Administration....

...d not receive a fair trial because the judge "is not interested in hearing my side of the case." *1046 Allegations in a motion to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla.2000), cert. denied, 532 U.S. 958, 121 S.Ct. 1487, 149 L.Ed.2d 374 (2001). A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally by rule 2.160, Florida Rules of Judicial Administration....

...he judge's own admission he could no longer be impartial. Counsel's confidence was misplaced. The trial judge denied the motion to recuse, and Kathleen appealed. [1] It is undisputed that the motion to recuse did not comport with the requirements of Section 38.10, Florida Statutes (1979) — it was late; initially, it was unaccompanied by an affidavit and at no time was it supported by corroborating affidavits; and no good faith certificate was filed by counsel....

...a value to unusual complexes that result in defeating its purpose." State ex rel. Davis v. Parks, 141 Fla. at 519, 194 So. at 615. [4] As Judge Hendry pointed out in his dissenting opinion in State v. Cannon, 163 So.2d 535, 537 (Fla. 3d DCA 1964): "Section 38.10, Fla....

...Brown, and Leisure Development, Inc., make an additional argument in support of denial of the relief sought in the petition. They show that another circuit judge was previously disqualified in this case [4] and they therefore contend that the second portion of section 38.10, Florida Statutes (1987), should control Judge Rudd's consideration of St....

...ade pursuant 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. There having been no prior "suggestion" of disqualification in the circuit court proceedings, petitioner contends the second portion of section 38.10 is not applicable to its motion to disqualify Judge Rudd. We find ourselves in agreement with the construction of the statute offered by petitioner. While it could be argued that a more logical construction would be to apply the second portion of section 38.10 when there has been a previous disqualification on any grounds, we find no ambiguity and choose to follow the plain language employed by the legislature....

...Moreover, the presence of a term in one portion of a statute and its absence from another argues against reading it as implied by the section from which it is omitted. Florida State Racing Comm'n v. Bourquardez, 42 So.2d 87 (Fla. 1949). Accordingly, we find that the second portion of section 38.10, Florida Statutes, was not applicable to the lower court proceedings and that the motion for disqualification was improperly denied....

...We therefore grant the petition and issue the writ of prohibition, disqualifying Judge Rudd from taking any further action on the cause pending in the circuit court. Additionally, we certify to the Florida Supreme Court that the proper interpretation of section 38.10, Florida Statutes, as presented by this cause, apparently one of first impression, is also one of great public importance....

...underlying litigation is civil in nature. [3] In Deauville Realty it was held that such remarks made after trial and out of the presence of the jury were not inappropriate. [4] St. George and Stocks and another party as defendants moved pursuant to section 38.10 to disqualify Circuit Judge Kenneth Cooksey in another 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. [5] Respondents show that Judge Rudd has relied on the second portion of section 38.10 to deny St....

...In that case, the plaintiff filed a motion to disqualify the trial judge on November 15, 1994. No further record activity occurred until December 29, 1995, when the defendant filed a motion to dismiss for failure to prosecute. The supreme court reversed the order granting dismissal. The court explained that section 38.10, Florida Statutes, and Florida Rule of Judicial Administration 2.160(f) place responsibility on the trial judge to immediately rule on a motion to disqualify and that the failure of the plaintiff to set a hearing on the motion was irrelevant....

...urt. The remaining defendants below then moved for summary judgment but, before that motion could be heard, the plaintiffs filed their first motion to disqualify Judge Reynolds. The motion was filed on July 2, 1990, and sought disqualification under section 38.10, Florida Statutes, and Florida Rule of Civil Procedure 1.432....

...ng disclosed an unremarkable domestic dispute routinely seen in county criminal courts. [2] What aspect of Rucks' case could have affronted the trial judge so dramatically, she asks, if not the fact that this household consists of a same-sex couple? Section 38.10, Florida Statutes (1995), embodies the substantive right to pursue the disqualification of a trial judge, and Florida Rule of Judicial Administration 2.160 prescribes the attendant procedure....

...ell-grounded fear that he or she will not receive a fair trial at the hands of the judge. Cave v. State, 660 So.2d 705, 708 (Fla.1995). The same principles apply if the motion to disqualify the trial judge is filed after judgment; the protections of section 38.10 are not confined to fair treatment in the context of a trial....

...Fifth, the trial judge did not err in entering the net final judgment prior to considering the motion for disqualification because a judge may reduce a prior ruling to writing subsequent to the filing of a motion for disqualification. II. Applicable Law While section 38.10 of the Florida Statutes [3] gives litigants the substantive right to seek disqualification of a trial judge, newly-enacted Rule 2.160 of the Florida Rules of Judicial Administration sets forth the procedure to be followed in the disqualification process....

...After the petition for writ of prohibition was filed and this court entered a show cause order, all further proceedings in the trial court were stayed. [2] The Brown affidavit does not state the date, time or place where the alleged conversation took place. [3] Section 38.10 provides in pertinent part: Whenever a party to any action or proceeding makes and files an affidavit stating that [the party] fears [the party] will not receive a fair trial in the court where the suit is pending on account of the prej...

...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. § 38.10, Fla....

...Instead the recusal motion and affidavit asserts the grievance of Mr. Weinstein, even despite the fact that his misconduct triggered and precipitated all the events about which he complains. There are three sources of information on disqualification and recusal — statute (section 38.10, Florida Statutes (1987)), rule (1.432), Florida Rules of Civil Procedure and caselaw. The statute and the rule are to be read in pari materia. Sikes v. Seaboard Coast Line Railroad, 429 So.2d 1216 (Fla. 1st DCA), review denied, 440 So.2d 353 (Fla. 1983). A. The Statutes. Section 38.10, Florida Statutes (1987), provides the guidelines for disqualification of a judge for prejudice....

...The trial court denied the motion but did not state grounds for the denial. On appeal the Fourth District granted a writ of prohibition and explained that to determine whether the motion to recuse and its supporting documents are legally sufficient the court must look at the literal requirements of rule 1.432 and section 38.10 (both quoted above)....

...or his attorney. The only remaining question was whether the alleged remarks which were directed at the defense counsel, rather than the client, could reasonably justify the client's fear that he would not receive a fair trial. The court noted that section 38.10 refers to "prejudice of the judge ......

...1986), the Supreme Court noted that the principles of Livingston v. State, 441 So.2d 1083, 1086 (Fla. 1983), govern disqualification: In Florida, there are four separate expressions concerning the disqualification of trial judges, which are set forth in: (1) The Code of Judicial Conduct Canon 3-C; (2) section 38.10, Florida Statutes (1981); (3) Florida Rule of Criminal Procedure 3.230 ......

...Seaboard Coast Line Railroad, 429 So.2d 1216 (Fla. 1st DCA), review denied, 440 So.2d 353 (Fla. 1983), the appellate court noted that in considering the language of the rule and statute it is inappropriate to deny a recusal motion simply because the technical requirements of section 38.10 were not satisfied....

...A written motion to disqualify was filed shortly thereafter. On November 5, 1997, over a month after oral argument, the court entered an order denying the motion to disqualify, finding it to be legally insufficient. On the same date, the court entered an order denying the petition for writ of certiorari. Section 38.10, Florida Statutes, gives litigants the substantive right to seek disqualification of a judge....

...To the extent that Krawczuk is alleging that the trial court erred by relying on extra-record information in violation of Gardner v. Florida, 430 U.S. 349 , 97 S.Ct. 1197 , 51 L.Ed.2d 393 (1977), we conclude that although there was error, the error was harmless. A motion to disqualify is governed by section 38.10, Florida Statutes (2011), and Florida Rule of Judicial Administration 2.330....

...The matter under consideration in this Chapter 7 case is the “Verified Motion to Recuse Judge Paskay and Memorandum of Law” [sic] (Verified Motion), filed by Noel Dean Clerk, Jr. (Debtor). According to the Debtor, the Verified Motion is filed pursuant to Fla. Stat. § 38.10 and Canon 3C of the Code of Judicial Conduct....

...In addition, Brook set forth extensive citation of authorities in support of the proposition that the Motion, as pled, failed to set forth anything, which under the controlling authorities, would warrant a recusal. In addition, Brook noted that the recusal of a federal judge is not governed either by § 38.10 Fla....

...ied Motion is not supported by facts and by the legal principles applicable to a recusal, and therefore it should be denied for the following reasons. It should be noted at the outset that the recusal of a federal judge is not governed by Fla. Stat. § 38.10 or by a State Court Rule dealing with the recusal of a judicial officer....

...ient and an order to that effect was entered a few days later. This petition followed. Brown now argues that the motion for disqualification should have been granted. The motion, according to petitioner, complied with the substantive requirements of section 38.10, Florida Statutes, and the procedural dictates of Rule 1.432 of the Florida Rules of Civil Procedure....

...42, 115 So. 519; Peacock v. State, 124 Fla. 334, 168 So. 401. Moreover, in denying the motion the trial court correctly found that the affidavits in support of the motion were insufficient and did not conform to requirements therefor in the statute, § 38.10 Fla....

...per respondent in a petition for a writ of prohibition, especially where disqualification is sought. See, e.g., Anderson Inv. Co. v. Lynch, 540 So.2d 832 (Fla. 4th DCA 1988). There is nothing in rule 1.432, Fla.R.Civ.P., rule 9.100, Fla.R.App.P., or section 38.10, Fla....

...orida Administrative Code, be made at least five days prior to the proceeding unless the party moving to disqualify was previously unaware of the ground. Moreover, Meyer's motion failed to comply with the procedures for disqualification set forth in Section 38.10, Florida Statutes (1979), which apply to agency hearings....

...nt. However, we assume that issuance of a formal writ will not be necessary. It is so ordered. HENDRY, C.J., dissents. NOTES [1] Although the parties to this proceeding have treated the original suggestion as a statutory disqualification pursuant to § 38.10, Fla....

...(1975), the respondent trial judge properly considered it as a motion for disqualification under Rule 3.230, Fla.R.Crim.P. Thus we find no need to discuss the contention that the affidavits were not filed "less than ten days before the beginning of the term of court," as is required under § 38.10....

...pending motion to recuse the trial court without setting the case for hearing was insufficient record activity, was in express and direct conflict with Lukowsky. Although the primary basis for the supreme court's decision turned on a construction of section 38.10, Florida Statutes (1993), providing that once a motion to disqualify is filed, a judge is required to promptly act on the motion, and nothing in the statute obligated the party requesting the disqualification to call for a hearing on th...

...f his activity in attempting to secure disqualification of Judge Kelly in the Aiken case. The criminal contempt charges are predicated on Luckie's having filed three affidavits in support of a suggestion for disqualification prescribed by Fla. Stat. 38.10, F.S.A....

...f prejudice which had been the basis of the entire matter, relators sought a writ of prohibition. It is to the propriety of the writ in prohibiting Judge Kelly's proceeding in the Aiken case that our attention must be first directed. Florida Statute 38.10, F.S.A....

...Barrett, of Cooper & Rissman, P.A., Orlando, for petitioner. Charles C. Hurt, pro se. PER CURIAM. Petitioner seeks issuance of a writ of prohibition to prevent respondent from taking further action in a workers compensation claim pending before him. Pursuant to Florida Rule of Civil Procedure 1.432 and Section 38.10, Florida Statutes (1981), petitioner filed a verified motion to disqualify the deputy commissioner, supported by two affidavits and accompanied by a certificate of counsel....

...State, 840 So.2d 962, 968-69 (Fla.2002). "A motion to disqualify shall show ... that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge...." Fla. R. Jud. Admin. 2.160(d)(1); see also § 38.10, Fla....

...The sworn motion and supporting affidavits seeking to disqualify respondent as trial judge in this civil action are legally sufficient. Where the motion is legally sufficient, "the judge shall not pass on the truth of the facts alleged [and] shall enter an order of disqualification." Rule 1.432, Fla.R.Civ.P.; section 38.10, Florida Statutes (1983)....

...with that. (emphasis added) The trial judge's statements that he could not punish either of the parties, if there were grounds for him to do so, is an admission that he cannot be fair and impartial. He should, therefore, have granted the motion. See § 38.10, Fla....

...nows the truth makes himself the accomplice of liars and forgers." Based on the above, petitioner filed a motion in his pending prosecution to disqualify Judge Alemán, pursuant to rule 2.160(d)(1) of the Florida Rules of Judicial Administration and section 38.10, Florida Statutes....

...We also conclude that the trial judge should have disqualified himself from the case. Previously in this case, the defense had successfully sought the disqualification of the assigned judge. Thus, the procedure for *220 disqualifying a successor judge is set forth in Fla.R.Crim.P. 3.230(e) [1] , which is identical to section 38.10, Fla....

...logy of the British act, that a worker's compensation claim was compensable, notwithstanding that the cause was routine and not accidental, on the theory that the effect on the employee was unexpected, and was therefore deemed accidental. 1A Larson, § 38.10 at 7-19-20 & n....

...99-379, § 2, Laws of Fla. Even if not subject to the APA, Florida Water argues the Board must disqualify itself from further participation in these proceedings under common law principles regarding recusal of judges. Florida Water concedes neither section 38.10 [3] nor rule 2.160 [4] , which govern disqualification *1039 of trial judges, strictly applies to these quasi-judicial proceedings—their ambit being judicial proceedings....

...If the disqualified individual was appointed, the appointing power may appoint a substitute to serve in the matter from which the individual is disqualified. If the individual is an elected official, the Governor may appoint a substitute to serve in the matter from which the individual is disqualified.... [3] 38.10....

...Finally, when the last ground was argued, the judge said: I'm going to recuse myself... . I'll give you a new hearing... . I'm recusing myself. Even though this case has no basis for disqualification. Thereafter, the judge entered a Certificate of Recusal, based on "the mandatory requirements of F.S. 38.10 [1] ......

...The seller, in contending there was no error in the recusal, incorrectly relies on In re Estate of Carlton, 378 So.2d 1212 (Fla. 1979), cert. denied, 447 U.S. 922, 100 S.Ct. 3013, 65 L.Ed.2d 1114 (1980). In Carlton, the Supreme Court of Florida held that sections 38.02 and 38.10, Florida Statutes, were no longer applicable to appellate judges....

...er. If the recusal was improper, then the rehearing granted on the basis of the recusal was also improper. Therefore, the order granting the motion for rehearing and the order of recusal must be reversed, and the final judgment reinstated. NOTES [1] § 38.10, Fla....

...Bieber (Miami), for appellees. Before COPE, GREEN, and SHEPHERD, JJ. Rehearing and Rehearing En Banc Denied August 17, 2005. GREEN, J. The appellant, Patricia Pollak Weiss, appeals from an order denying both her "Motion *1182 for Reconsideration pursuant to Fla. Stat. 38.10 and Rule 2.160(h) of the Judicial Administration Rules" and her "Motion to Vacate Surcharge Judgment and Order Granting (Motion for) Partial Summary against Patricia Pollak Weiss pursuant to Fla....

...ocal displeasure with the defense attorney in a manner that could be heard by the jury, and particularly a threat to castigate counsel in open court. A litigant's substantive right to seek disqualification of an allegedly biased judge is provided by section 38.10, Florida Statutes (1999), which states: 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 prejudi...

...t. Further, Judge Jones reasoned that the carriers waived disqualification by retaining the Rissman Weisberg firm when they knew that Judge Jones, as the only JCC for District "L" would be the judge assigned to the case. Petitioners argue that under section 38.10, Florida Statutes, when a party files an affidavit showing that it reasonably fears it will not receive a fair trial because of the bias of the presiding judge, the judge shall proceed no further but another judge shall be designated....

...Before turning to the merits of this dispute, we must comment that we are troubled by the lack of statutory and/or rule authority to guide us. This court has previously held that in considering a motion for disqualification of a judge of compensation claims we would look to section 38.10, Florida Statutes, for guidance....

...See The Florida Bar Re: Amendment to Florida Rules of Judicial Administration, 609 So.2d 465, 466, 490-91 (Fla. 1992). By its express terms, however, rule 2.160(a) provides that it applies only to county and circuit judges. Absent contrary authority, we will continue to look to section 38.10 in considering the correctness of disqualification of judges of compensation claims....

...conclusion that Facebook "friendship," standing alone, is insufficient to warrant disqualification is consistent with the majority view in the other states. A. Legal Standard for Disqualification "A motion to disqualify is governed substantively by section 38.10, Florida Statutes ......

...r that he or she will not receive a fair trial ... on account of the prejudice of the judge' as well as 'the facts and the reasons for the belief that any such bias or prejudice exists.' " Peterson v. State , 221 So.3d 571 , 581 (Fla. 2017) (quoting § 38.10, Fla....

...involvement in Savitt's case. As a successor judge in the case, Judge Colbath correctly perceived that he was not subject to disqualification unless he ruled that he was "in fact not fair or impartial in the case." Fla. R. Jud. Admin. 2.330(g); see § 38.10, Fla....

...e for disqualification, which is prescribed in Chapter 38, Florida Statutes, F.S.A. One of the grounds for disqualification asserted by relator appears to come within the purview of Section 38.02, Florida Statutes, F.S.A., and the other ground under Section 38.10, Florida Statutes, F.S.A....

...Moreover, the motion to disqualify, filed one day after the assignment of the trial judge, is timely under Florida Rule of Judicial Administration 2.160(e). The motion, accompanied by affidavits, is legally sufficient under Florida Rule of Judicial Administration 2.160 and section 38.10, Florida Statutes (1993)....

...Her second issue challenges the sufficiency of the former husband's evidence in defense to her motion for contempt for delinquency in making alimony and child-support payments. We need not labor the first point because the motion for disqualification did not comply with section 38.10, Florida Statutes (1989), which requires an affidavit stating that the movant "fears that he 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 applica...

...The closer analogy here is Brown, in which the Florida Supreme Court reviewed writs of prohibition issued by the Third District Court of Appeal where the trial judge was disqualified for prejudice 5 under section 38.10, Florida Statutes (1989), 2 based on derogatory remarks concerning the veracity of one of the parties....

...George Island, Ltd. v. Rudd, 547 So. 2d 958, 960 (Fla. 3d DCA 1989) (citing Deauville Realty Co. v. Tobin, 120 So. 2d 198 (Fla. 3d DCA 1960))). In a footnote, however, the Brown court clarified that a judge is not subject to disqualification under section 38.10 based simply on an adverse ruling which has the effect of rejecting the testimony of a moving party; instead, “[a]t the very least ....

...prior case and had likely done so in other cases. In light of these findings, as well as the connotations of the language chosen by the JCC to express them (e.g., the attorney, rather, than his testimony, “is not credible”), we conclude there is a factual 2 Section 38.10 provides for disqualification of a judge based on a party’s fear that “he 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....

...While the fact that the presiding judge prosecuted petitioner in a previous case does not present a direct conflict of interest, it does support petitioner's claim of a well founded fear that he will not receive a fair trial before this judge. Fischer v. Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla....

disqualification is in conformity with the provisions of Section 38.10 Fla. Stats. 1941 (F.S.A.) and the decisions

...'s motion for recusal, and I find it insufficient as a matter of law." The trial judge then denied the motion for recusal. When a recusal motion is presented to a trial court, the trial judge is required to immediately rule on the motion pursuant to Section 38.10, Florida Statutes (2002), and the Florida Rules of Judicial Administration, Rule 2.160....

...Wall contends that the trial court’s failure to recuse itself upon motion amounts to reversible error. His claim fails for two reasons: (1) the motion was properly denied as time-barred; and (2) the motion did not demonstrate a well- founded fear of judicial bias. Section 38.10, Florida Statutes (2014), provides substantive entitlement to have a presiding judge who is free of bias or prejudice against either party....

...This Court does not have to decide whether the Association has conclusively demonstrated that Judge Friedman is prejudiced against it. A party who fears not receiving a fair trial because of a particular judge's prejudice is entitled to request that the judge disqualify himself or herself. See § 38.10, Fla....

...The court denied the motion for recusal as legally insufficient on August 5th, 2004. Allegations in a motion to recuse or disqualify a trial judge are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla.Stat....

...We grant the petition. "Prohibition lies to review trial court orders denying motions to disqualify trial judges." Martin v. State, 804 So. 2d 360, 362 (Fla. 4th DCA 2001) (citing MacKenzie v. Super Kids Bargain Store, Inc., 565 So. 2d 1332, 1334 (Fla. 1990)). Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2016), and procedurally by Florida Rule of Judicial Administration 2.330....

...Cornelius, 462 So.2d 602 (Fla. 5th DCA 1985); Hayslip v. Douglas, 400 So.2d 553, 555 (Fla. 4th DCA 1981). Second, a review of the file indicates that Time Warner has not complied with Florida Rules of Judicial Administration 2.160 for the disqualification of trial judges. Section 38.10, Florida Statutes (1993), gives Time Warner the substantive right to seek disqualification of Judge Baker, however, Florida Rules of Judicial Administration 2.160 sets forth the procedure to be followed....

a fair trial mandates a trial judge’s recusal. § 38.10, Fla. Stat. (1989); Fla.R.Civ.P. 1.432. I would

...d failure of the motion to comply strictly with rule 3.230 authorized the denial of the motion. In rejecting that argument, the supreme court said: "We reject the state's contention that appellant's motion is invalid because it was filed pursuant to section 38.10 rather than under Florida Rule of Criminal Procedure 3.230....

...First, the motion alleged Appellant's belief that she would not get a fair adjudicatory hearing because the judge, having presided repeatedly over Appellant's earlier proceedings, was biased or prejudiced against her based on his knowledge of Appellant's and her child's history in the dependency system. § 38.10, Fla....

...a Rule of Judicial Administration 2.330(d)(1) (requiring a motion for disqualification to show "that the party fears that he or she will not receive a fair trial or hearing because of specifically described prejudice or bias of the judge"). See also § 38.10, Fla....

...State, 441 So.2d 1083, 1086-87 (Fla.1983). In Douglass v. Douglas, 633 So.2d 1166 (Fla. 1st DCA 1994), we stated: Section 38.02 contemplates that the judge will determine the truth of the suggestion to disqualify. This is in contrast to a motion for disqualification for prejudice under section 38.10 where the judge may not pass on the truth of the allegations....

...ial seat. When notified that Judge Langston would be assigned, she orally moved to disqualify him on grounds of racial prejudice. Judge Langston denied the motion and declared that he stood fair and impartial between the parties. The requirements of section 38.10, Florida Statutes (1993), were met. Whereas, a first recusal is freely granted, a second judge is not disqualified on account of alleged prejudice "unless such judge admits and holds that it is then a fact that he does not stand fair and impartial between the parties." § 38.10, Fla.Stat....

...3D18-755, the record before us includes a transcript of a non-evidentiary hearing before the Incumbent Judge on the motion to disqualify. In all twenty-seven of the consolidated cases, the motions to disqualify were denied as legally insufficient. 13  Section 38.10, Florida Statutes (2018), requires that the applicant for disqualification file “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...

...arantor. In one of the actions the maker of the note is in default which places that action in the identical posture to that which respondent might find himself should Southeast file an action. In a petition with accompanying affidavits, pursuant to section 38.10, Florida Statutes (1989), Southeast sought the circuit judge’s disqualification....

240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995). Cf. Duest v. Goldstein,

...d for the admission of other evidence offered but excluded in the first trial. Reversed. POLEN and SHAHOOD, JJ., concur. NOTES [1] The substance was marijuana which he was smoking in a public park. A few months later, he resigned from the bench. [2] § 38.10, Fla....

...STATE of Florida, Respondent. No. 1D10-5786. District Court of Appeal of Florida, First District. February 15, 2011. Kelly H. Papa, Jacksonville, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, for Respondent. PER CURIAM. DENIED. See § 38.10, Fla....

...State, 630 So.2d 513, 516 (Fla.1993). Furthermore, this Court has held that when a motion to disqualify a judge is made, “until the matter is resolved the trial court cannot proceed.” Fuster-Escalona v. Wisotsky, 781 So.2d 1063, 1065 (Fla.2000) (citing § 38.10, Fla....

...the cause of this heart disease. Secondly, that the attempt now to inject into this record the question of domestic matters are unrelated and irrelevant and immaterial to the issues of this case and is not proper cross examination of the witness. . Section 38.10, Fla.Stat., F.S.A....

...WHEN A DEFENDANT IN A CRIMINAL CASE ASSERTS IN AN APPEAL FROM A JUDGMENT AND SENTENCE THAT THE TRIAL COURT ERRONEOUSLY DENIED A LEGALLY SUFFICIENT MOTION TO DISQUALIFY THE TRIAL JUDGE FOR ALLEGED BIAS OR PREJUDICE UNDER SECTION 38.10, FLORIDA STATUTES (2015), AND FLORIDA RULE OF JUDICIAL ADMINISTRATION 2.330(D)(1), SHOULD AN APPELLATE COURT REVIEW THE ERRONEOUS DENIAL FOR HARMLESS ERROR AND, IF SO, WHAT HARMLESS ERROR TEST SHOULD THE APPELLATE COURT APPLY? We have jurisdiction....

...Judge Jacobsen denied Davis’s motion but clarified that this did not prejudice Davis’s right to file a motion to disqualify Judge Harb. And indeed, when Judge Harb took over the capital felony division in July 2015, Davis moved to disqualify him under section 38.10 of the Florida Statutes and Florida Rule of Judicial Administration 2.330(e)(1)....

...disqualification was legally sufficient. We agree. The standard of review for a trial judge’s decision on a motion to disqualify is de novo. Gore v. State, 964 So. 2d 1257, 1268 (Fla. 2007). “A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally by Florida Rule of Judicial Administration 2.330.” Id. 2 Section 38.10 provides in part: 2....

...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. § 38.10, Fla....

...We find no factual basis for the claim of prejudice and rest denial of the petition primarily on that ground. In passing we note (1) the inordinate delay in moving for disqualification after the complained of activity; (2) the trial court’s attempted compliance with the provisions of Section 38.10, Florida Statutes (1981) pertaining to attempted disqualification of a second judge (and we deem that compliance, whether necessary or not and whether sufficient or not, immaterial here); and (3) procedural irregularities in the motion and affidavits, all of which reinforce our determination to deny relief....

...4th DCA 2002), this court summarized the standard of review and the test for reviewing a motion to disqualify: Allegations in a motion to disqualify are reviewed under a de novo standard as to whether the motion is legally sufficient as a matter of law. See § 38.10, Fla. Stat.; Armstrong v. Harris, 773 So.2d 7 (Fla.2000). A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally by rule 2.160, Florida Rules of Judicial Administration....

because it was legally insufficient, citing Section 38.10, Florida Statutes (1979). Respondent further

...gants have a pending suit against that judge in person for damages, which circumstance prompts the litigants to believe they would not receive a fair trial. We have carefully reviewed the proceedings and pleadings in the light of the requirements of Section 38.10, F.S.1971, F.S.A., and believe they are legally sufficient to support disqualification, and authorize the issuance of our Writ of Prohibition....

...udge. This cause is before this court on a petition for writ of prohibition occasioned by the refusal of the respondent, the Honorable E.L. Eastmore, to recuse himself after a motion for disqualification was filed. Were the motion in compliance with Section 38.10, Florida Statutes (1985) and Florida Rule of Criminal Procedure 3.230, we would order the respondent to show cause why the writ should not be issued....

...disqualification in another case, otherwise a Judge will serve only at the whim of counsel. Vialva timely filed a petition for a writ of prohibition. ANALYSIS “A motion to disqualify is governed substantively by section 38.10, Florida Statutes ....

...We agree that the motion for disqualification was legally insufficient in that the supporting affidavits were made by co-counsel for the moving party and that there were not two supporting affidavits made by reputable parties who are not related to the moving party or her counsel as required by § 38.10, Fla.Stat....

...s not stand fair and impartial between the parties or unless the record contains the equivalent of such an admission by the trial judge as existed in Pistorino v. Ferguson, 386 So.2d 65 (Fla. 3d DCA 1980). The petitioner having failed to comply with § 38.10 and having failed to show any basis for waiver of compliance with said section, the Petition for Writ of Prohibition is Denied....

...tz in indirect criminal contempt; and (3) an order recusing the trial judge on his “own” motion. First, we conclude that when a judge is presented with a motion to disqualify, the judge should immediately rule upon the sufficiency of the motion. Section 38.10, Fla.Stat....

...State, 441 So.2d 1083 (Fla.1983); Reynolds v. State, 568 So.2d 76 (Fla. 1st DCA 1990). In the instant case, the motion is not legally sufficient because the motion does not include the attorney certification that the motion was made in good faith as required by section 38.10, Florida Statutes (1991)....

for such an action. Instead, in the words of section 38.10, upon the filing of a proper motion for disqualification

wholly fail to comply with the provisions of Section 38.10, Florida Statutes 1969, F.S.A., and are therefore

...*227 A party moving to disqualify a judge must file an affidavit in good faith stating fear that he or she will not receive a fair trial on account of the prejudice of the trial judge, alleging facts and reasons for the belief that prejudice exists. Gregory v. State , 118 So.3d 770 , 778 (Fla. 2013) (citing § 38.10, Fla....

...vit in good faith stating fear that he or she will not receive a fair trial on account of the prejudice of the trial judge, alleging facts and reasons for the belief that prejudice exists. Gregory v. State, 118 So. 3d 770, 778 (Fla. 2013) (citing § 38.10, Fla....

*345 should have recused herself under section 38.10, Florida Statutes (1987), and Florida Rule of

...[commonly known as the Administrative Procedures Act], the correct method for seeking the disqualification of an administrative hearing officer is in accordance with the procedures available by statute for seeking the disqualification of a circuit judge, to wit: § 38.10, Fla.Stat., F.S.A. We recognize that the reference to § 38.10, Fla.Stat., F.S.A., is contained only in subsection (1) of § 120.09, Fla.Stat., F.S.A., but an examination of the original title to this act 2 clearly indicates the Legislative intent to make this method of disqualification available to appointed commissioners as well as to elected commissioners. See: Curry v. Lehman, 55 Fla. 847 , 47 So. 18 . Therefore, the method for seeking the disqualification of the appellee, Cardone, would be to follow the provisions of § 38.10, Fla.Stat., F.S.A., and if he refused to recuse himself to seek appropriate review before the full Commission and the Supreme Court of Florida, which are the supervisory bodies of rulings made by Deputy Industrial Commissioners....

the complainants with a gun in violation of Section 38-10 (d) of the City of Miami Municipal Code. He

custody pursuant to an arrest for violating Section 38-10 (a) of the Miami Municipal Code and that the

...The appeal of the trial court’s order denying rehearing as to its order invoking subject matter jurisdiction under section 61.1308, Florida Statutes (1979), and the appeal of the trial court’s order denying appellant’s suggestion of disqualification of the trial judge under section 38.10, Florida Statutes (1979), have both been treated as if each was a petition for prohibition, Fla.R.App.P....

...ed complaint. We affirm that part of the order denying recusal. As to the remainder of the order, we reverse the dismissal of Count I, a claim for defamation, but affirm the dismissal of all remaining counts. Considering first the motion to re-cuse, section 38.10, Florida Statutes (1991) clearly states: Whenever a party ......

...he one presently under review. We conclude that considering the instant facts alleged, appellant’s chief complaint being the bald allegation that the trial judge was biased in favor of licensed attorneys, the trial judge acted in total accord with section 38.10 in denying the motion to recuse....

...relators and their counsel, ipso facto it follows that he should be disqualified and therefore prohibited from proceeding further in the cause. On the other hand, the respondent contends that the relators have failed to comply with the provisions of § 38.10, Fla....

...ication for disqualification was not timely filed, i. e., not less than ten days before the beginning of the term of court. 2 It is apparent from the record before us that the relators have wholly failed to comply with the provisions of the statute, § 38.10, supra....

...Jane Doe are not the natural guardians, and there is no evidence they are the legal guardians, of JANE DOE since she is over the age of majority and sui juris ... We agree with the Petitioners that the trial judge departed from the essential requirements of the law in making the above findings. Both section 38.10 and rule 2.160 provide that once a motion to recuse is granted, the trial judge may “proceed no further.” Accordingly, we grant the petition for writ of certiorari in part and remand the order of recusal with directions that the trial judge strike paragraph four of such order....

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

PER CURIAM. This petition for writ of prohibition to disqualify the trial judge is granted. Section 38.10, Florida Statutes, sets up the substantive right to seek disqualification of a trial judge....

...We conclude that Petitioners’ motion was legally sufficient and that Petitioners were not required to conduct an investigation relating to the impartiality of the judge. Disqualification of a trial judge is governed procedurally by Florida Rule of Judicial Administration 2.160 and substantively by section 38.10, Florida Statutes, and the case law applying it....

PER CURIAM. Affirmed. See Rule 3.230, Florida Rules of Criminal Procedure; Section 38.10, Florida Statutes (1977)....

...The court could properly deny plaintiff’s motion to dismiss without prejudice after the filing of a cross-complaint by the defendant. Florida Rules of Civil Procedure, Rule 1.35(a) (2), 30 F.S.A. The affidavit of bias and prejudice does not meet the essential requirements set forth in F.S.A. § 38.10 and, therefore, the trial court properly denied the request that the cause be transferred to another trial judge....

...vacate the final judgment entered in the dissolution proceedings. We grant the petition insofar as it requests the disqualification of the trial judge from further consideration of this cause. 1 Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981); § 38.10, Fla.Stat....

...“A [recusal] motion is legally sufficient if it shows that the party making the motion has a well-grounded fear that he or she will not receive a fair trial from the presiding judge.” Barwick v. State, 660 So.2d 685, 691 (Fla.1995), cert. denied, — U.S. —, 116 S.Ct. 823 , 133 L.Ed.2d 766 (1996); § 38.10, Fla....

...specifically describing prejudice or bias of the judge against DCF and in favor of Y.B., and DCF’s attestation that it reasonably feared it would not receive a fair hearing on its 7 TPR petition. See § 38.10, Fla....

...as a duty to act pursuant to the contract. Id. § 38.7. "True conditions subsequent are very rare in the law of contracts. Often what looks like a condition subsequent in form is actually a condition precedent in effect.” Id. § 38.9; see also id. § 38.10 ("They are in substance conditions precedent to a duty of immediate performance and are subsequent only in form.”)....

...On appeal appellant is contending that as a result of the denial of the motion for disqualification, he was deprived of the presumption of innocence and a fair and impartial hearing as required by due process of law. We cannot agree. The appellant did not elect'to follow the procedure of F.S. § 38.10, F.S.A., 1 providing for mandatory disqualification of a judge in that the motion was not timely filed and unaccompanied by any supporting affidavits....

...Peckham, Fla.App.1971, 256 So.2d 65 ; Wilson v. Renfroe, Fla.1957, 91 So.2d 857 ; State ex rel. Locke v. Sandler, 156 Fla. 136 , 23 So.2d 276 (1945); Suarez v. State, 95 Fla. 42 , 115 So. 519 (1938). Accordingly, the judgment is hereby affirmed. Affirmed. . “38.10 Disqualification of judge for prejudice; application; affidavits ; etc....

of Judge Kelly in the case, as authorized by Section 38.10, Florida Statutes, F.S.A. Instead of acting

which is a basis for disqualification under section 38.10, Florida Statutes (1993). In that circumstance

the same requirements as § 911.01 (3) — (4) and § 38.-10, Fla.Stat., F.S.A. The procedural requirements

GRIMES, Justice. We review St. George Island, Ltd. v. Rudd, 553 So.2d 772 (Fla. 1st DCA 1989), in which the district court of appeal certified the question of how to interpret section 38.10, Florida Statutes (1989)....

...George Island, Ltd., 561 So.2d 253 (Fla.1990). 1 Our decision in Brown disposes of the cases before us. Because none of the recusals in those cases were upon the motion of Stocks, his motion to disqualify Judge Rudd, uppn a sufficient showing under section 38.10, Florida Statutes, should have been granted....

...Although we are not in full accord with the court’s rationale, we agree with its conclusion that the prior disqualification of Judge Gary did not cause the motions to disqualify Judge Rudd to be subject to review under the standard of the second portion of section 38.10. We do not read the second portion of section 38.10 as invariably coming into play following a previous disqualification under the statute....

...by a less stringent standard than a later motion filed by an opposing party seeking to remove a successor judge. In other words, each side has the right to seek the disqualification of one judge under the standard enumerated in the first portion of section 38.10....

of the motion.” Fla.R.Jud.Admin. 2.160(g).1 See § 38.10, Fla.Stat. (1995). She was also “permitted to explain

in compliance with requirements of the statute, § 38.10, Fla. Stat, F.S.A. In State ex rel. Davis v. Parks

otherwise did not conform to the provisions of § 38.10, Fla. Stat., F.S.A. Briefs in support of the motion

...attorney. The motion was supported by two affidavits, one made by the attorney himself and the other by his law partner and counsel. The referee denied the motion to disqualify on the ground that the affidavits were not in compliance with Fla.Stat. § 38.10, F.S.A. The Integration Rules of The Florida Bar, Rule 11.06(5) (h), provide that a referee may be disqualified “in the same manner and to the same extent” that a circuit judge may be disqualified under existing law. Fla.Stat. § 38.10, F.S.A., relating to the disqualification of circuit judges, requires that the facts stated as a basis for disqualification must be supported in substance by affidavit of at least two reputable citizens of the county “not of kin to defenda...

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

...The judge against whom a motion for disqualification is filed is permitted to determine only if the facts alleged, assumed to be true, would make a reasonable person fear that he or she would not get a fair and impartial trial before the named judge. Fla.R.Jud.Admin. 2.160(d)(1); § 38.10, Fla....

...the respondent judge’s name is "Schack". . Our summary grant of this writ should not be taken as approval of the practice of bringing the petition in the name of the lawyer for the party who fears the bias of the challenged judge. The language of § 38.10, Fla.Stat....

...nst DOC, and recommended that he file a claim against the U.S. Postal Service. The court thereafter issued a final judgment against Hoffman. Hoffman filed a Suggestion of Disqualification pursuant to Florida Rule of Judicial Administration 2.160 and section 38.10, Florida Statutes,(2001), and a Motion for New Trial, alleging in each motion, among other things, that the county court had *1113 erred by failing to hold a pretrial conference and had aligned itself with DOC....

...The circuit court also rejected Hoffman’s second issue, regarding the county court’s failure to rule immediately on Hoffman’s Suggestion of Disqualification. Respondents concede that this ruling violated clearly established principles of law resulting in a miscarriage of justice. Under section 38.10 and rule 2.160(f), the county court was required to immediately rule on Hoffman’s motion to disqualify, and should not have considered the motion for new trial....

...party or witness. These grounds are legally insufficient to warrant disqualification. 3 Petition for Writ of Prohibition DENIED. DAUKSCH and HARRIS, JJ„ concur. . Fla.R.App.P. 9.040(c); Kowalski v. Boyles, 557 So.2d 885, 886 (Fla. 5th DCA 1990). . § 38.10, Fla.Stat....

...peal to the Court of Donald K. Carroll, formerly president of the Florida Bar Association”. The use of the term ‘affidavit of prejudice” indicates an intention on the part of the appellant, who appears here in propria persona, to proceed under section 38.10, Fla.Stat., F.S.A....

...The only ascertainable ground for the motion to transfer is that the appellant would prefer another court. The motion is therefore denied. As shown hereinabove, the motion or suggestion for disqualification does not meet the requirements of the statute, Section 38.10, Fla.Stat., F.S.A....

...If the motion is legally sufficient, the judge shall enter an order of disqualification, and proceed no further in the action. [Emphasis added] To determine whether a motion to disqualify a judge is legally sufficient, the court must first turn to the literal requirements of rule 1.432, Florida Rules of Civil Procedure and section 38.10, Florida Statutes (1987). Hayslip v. Douglas, 400 So.2d 553 (Fla. 4th DCA 1981). In order to disqualify a judge for prejudice, section 38.10, Florida Statutes requires an affidavit be filed with the court that states the facts and the reasons for the belief that bias or prejudice exists,* and that an accompanying certificate of counsel of record also be filed to the effect that such affidavit and application are made in good faith. The motion in this case complied with these requirements. *593 Section 38.10, Florida Statutes also provides: Whenever a party to any action or proceeding makes and files an affidavit stating that he fears he will not receive a fair trial in the court where the suit is pending on account of the prejudice of the...

...in a civil proceeding. The Judge denied the motion to disqualify as being legally insufficient and then proceeded to answer petitioners’ allegations. The motion to disqualify complied with requirements of Florida Rule of Civil Procedure 1.432 and section 38.10, Florida Statutes (1985)....

...parents of deceased infants) and that *760 he could handle cases involving people with actual damages; (4) the judge allegedly also said to counsel as he was leaving, ‘I am sorry I met you in this trial. I wish you had not filed it in my court.’ Section 38.10, Florida Statutes (1985) provides: Whenever a party to any action or proceeding makes and files an affidavit stating that he fears he will not receive a fair trial in a court where the suit is pending on account of the prejudice of the judge of that court ......

...“A petition for a writ of prohibition is the proper vehicle to challenge a trial court’s order denying a motion to disqualify.” NexusVC v. Hieg Partners, LLC, 347 So. 3d 440, 445 (Fla. 3d DCA 2022). Disqualification is controlled substantively by section 38.10, Florida Statutes, and procedurally by Florida Rule of General Practice and Judicial Administration 2.330. § 38.10, Fla. Stat....

...3.850 motion must also be vacated because it was entered after the motion to recuse was filed. See Fuster-Escalona v. Wisotsky, 781 So.2d 1063, 1066 (Fla.2000) (ruling on motion to dismiss while motion to recuse was pending violated Florida Statutes section 38.10 and Florida Rule of Judicial Administration 2.160(f) prohibiting further proceedings and requiring immediate ruling on recusal); Rogers v....

...The hearing was duly noticed, and it was not only possible, but probable, that the experienced trial judge would have ruled on the motion to disqualify prior to commencing the hearing, as a judge cannot act in a case until an outstanding motion to disqualify has been ruled upon. See § 38.10, Fla....

PER CURIAM. Affirmed. Applegate v. Barnett Bank, 377 So.2d 1150 (Fla.1979); Wilson v. Renfroe, 91 So.2d 857 (Fla.1956); Claughton v. Claughton, 452 So.2d 1073 (Fla.3d DCA 1984); § 38.10, Fla.Stat....

...3d DCA 2018); Pilkington 3 v. Pilkington, 182 So. 3d 776, 779 (Fla. 5th DCA 2015). Indeed, to impute a contrary presumption would render the judge incapable of weighing the credibility of competing evidence. Regarding successor judges, section 38.10, Florida Statutes (2022), provides, in pertinent part: [W]hen 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 an...

...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. § 38.10, Fla....

PER CURIAM. DENIED. See § 38.10, Fla....

...squalified from participating in license revocation or suspension proceedings on the same grounds and in substantially the same manner as circuit judges. F.S.A. § 475.44. 1 Relator did not seek disqualification for’ bias or prejudice under F.S.A. § 38.10....

...Judge Nelson denied the petition to disqualify as legally insufficient. Although the order lists no specifics as to why the petition was legally insufficient, the state’s response to the petition asserted that the petition was legally insufficient because: Florida Statute 38.10 sets out the procedural requirements with which a petitioner must comply in an effort to disqualify a judge for prejudice....

...e of counsel of record that such affidavit and application are made in good faith.” The language is mandatory rather than permissive. Defendant has not complied with the requirement and the Petition is procedurally barred. We conclude that neither section 38.10, Florida Statutes (1995), nor Florida Rule of Judicial Administration 2.160 require an incarcerated indigent defendant who is not represented by an attorney to file an attorney’s good-faith certification with the petition to disqualify....

...The appellant had previously filed a motion for disqualification which was granted. As a result, the newly assigned judge is not disqualified on account of alleged prejudice, unless the judge enters an order admitting “that he does not stand fair and impartial between the parties.” § 38.10, Fla.Stat....

...all Second Circuit judges from deciding his rule 3.851 motion. In light of the unique and extraordinary circumstances in this case, Wickham's motion to disqualify should have been granted. Wickham's motion to disqualify is governed substantively by section 38.10, Florida Statutes (2001), and procedurally by Florida Rule of Judicial Administration 2.160 (1992)....

...voidable presumption of contamination of the neutrality of the judge who heard or read the disclosure and, hence, disqualification is required as a matter of law.” Fabber at 534 . The respondents, on the other hand, rely on the express language of section 38.10, *115 Florida Statutes (1991) as requiring the supporting affidavit for disqualification to specifically state facts showing a basis for the belief that bias or prejudice exists on the part of the trial judge....

...r partiality ... a successor judge shall not be disqualified based on a successive motion by the same party unless the successor judge rules that he or she is in fact not fair or impartial in the case.” Fla. R. Jud. Admin., Rule 2.330(g). See also § 38.10, Fla....

...violation of F.S. § 38.02. Judge Gary granted the motions without explanation. We do not believe that the disqualification of Judge Gary caused the motions to disqualify Judge Rudd to be subject to review under the standard of the second portion of section 38.10, Florida Statutes....

...uggestions” under section 38.02. Additionally, the motions directed to Judge Gary did not allege that he was prejudiced in favor of or against any particular party and therefore it is impossible to apply the test set forth in the second portion of section 38.10. Accordingly, we believe that Judge Rudd’s reliance on the second portion of section 38.10 in these cases was incorrect. 1 As in our prior decisions, we certify to the Florida Supreme Court that the proper interpretation of section 38.10, Florida Statutes, as presented by these petitions, is one of great public importance....

...SMITH, WENTWORTH and WIGGINTON, JJ., concur. . In fact, Judge Rudd held that: But for the proceedings in case number 84-254 pending in this circuit, the disqualification of the prior judge in this case would not have occurred and consequently both parts of § 38.10, Fla.Stat....

...s legally sufficient, and not whether the facts alleged are true. If the motion sets forth facts that would create an objectively reasonable fear of not receiving a fair and impartial trial, it is legally sufficient, and the judge must grant it. See § 38.10, Fla....

PER CURIAM. AFFIRMED. See Fla. Stat. § 38.10 (2001); Fla....

...We affirm on the ground that the motion for disqualification was not legally sufficient on its face. To determine whether a motion for disqualification and its supporting documents are legally sufficient, the court must determine not only whether the literal requirements of section 38.10 and rule 1.432 have been met, but also whether the motion contains an actual factual foundation for the alleged fear or prejudice....

...Counsel for Judge Smith devoted considerable time and effort to the preparation of a detailed and thoroughly *1084 researched brief on the law of disqualification. Judge Smith argues that the allegations of the motion were insufficient to require disqualification. We disagree and were the motion otherwise in compliance with section 38.10, Florida Statutes (1985), we would issue the writ....

...The motion to set aside was denied, in part due to the fact that the motion to disqualify failed to request oral argument, nor was such a request made prior to entry of the order on the merits. Disqualification of a judge in a civil case is governed by the provisions of Florida Rule of Civil Procedure 1.432 1 and Section 38.10, Florida Statutes....

...Sea *514 board Coast Line Railroad Co., 429 So.2d 1216, 1224 (Fla. 1st DCA), rev. denied, 440 So.2d 353 (Fla.1983), this court held that the rule and the statute were to be read in pari materia, but noted it would be “inappropriate to deny a recusal motion simply because the technical requirements of section 38.10 were not satisfied.” After Sikes was decided, the supreme court, in Livingston v....

...4th DCA 1986), the court reviewed the Livingston rule and concluded that “[b]y analogy, Rule 1.432 would supplant the procedural requirements of the statute in a civil case.” At any rate, the reviewing court is not called upon to determine whether the technical requirements of Section 38.10 have been met, until it has been determined that the facts alleged in the motion are sufficient to support disqualification....

...If the motion is legally sufficient, the judge shall enter an order of disqualification and proceed no further in the action. (e) Judge’s Initiative. Nothing in this rule limits a judge’s authority to enter an order of disqualification on the judge’s own initiative. . s. 38.10, Fla.Stat., provides: 38.10 Disqualification of judge for prejudice; application; affidavits; etc....

...-727, see id., 547 So.2d at 960 n. 4. However, in the circuit court action that underlies this case, Judge Cooksey disqualified himself on the motion of St. George. Respondents argue that St. George’s motion was made pursuant to sections 38.02 and 38.10, Florida Statutes, and it therefore follows that the second portion of section 38.10 controls the proceedings in the lower tribunal....

...on a fishing trip during the pendency of the action. Of these four grounds, only the first is arguably cognizable under section 38.02, while the other three obviously concern possible prejudice of the trial judge, grounds for disqualification under section 38.10....

...In his order of recusal, Judge Cook-sey found that the allegations of movant “seriously impugn the integrity of the Court. Due to these spurious allegations, the undersigned would not feel comfortable presiding further in this case.” Although the order did not expressly rely on section 38.10, we find these remarks inconsistent with a conclusion that Judge Cooksey re-cused himself because of his son’s alleged employment with one of the parties. Accordingly, we find that Judge Cooksey’s disqualification was pursuant to a 38.10 motion and not a section 38.02 suggestion....

...the judge. We grant the petition and issue the writ of prohibition, disqualifying Judge Rudd from taking any further action on the cause pending in the circuit court. Further, we again certify that the proper interpretation of the second portion of section 38.10, Florida Statutes, presents a question of great public importance....

...Consequently, should that second judge decide, as here, that he can not preside impartially because of differences with the defendant’s attorney, it is the judge who should remove himself from the ease; removal of the defendant’s attorney is not an option in such a situation. See Fla.Bar Code Jud.Conduct, Canon 3C(l)(a); § 38.10, Fla.Stat....

...The disqualification motion names five judges specifically, including me, and “any other judges of this Court who feel that they are biased against the Petitioners or biased in favor of the Respondents!;.]” First off, it is important to note that petitioners are mistaken in their reliance on section 38.10, Florida Statutes (2003), as the legal basis for their disqualification motion....

...owed the procedure as set forth in section 744.464, Florida Statutes (1997), and where the appellant has failed to demonstrate any abuse of discretion. Further, the appellant has failed to show grounds for disqualification of the second trial judge. § 38.10, Fla....

...In contrast to the rules governing an initial motion for disqualification, a successor judge ruling on a successive motion for disqualification “may rule on the truth of the facts alleged in support of the motion.” Fla. R. Gen. Prac. & Jud. Admin. 2.330(i); see also § 38.10, Fla....

"The National Bank Act." 12 U.S.C. § 38 10 For instance, in the Act of

...Under the circumstances of a case such as this, where the communication alleged to have been made by the respondent is private, and it is therefore impossible for other affiants to attest to the fact of the communication, that technical requirement of Section 38.10, Florida Statutes (1981), need not be met....

...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. F.S.A. § 38.02 provides that a party may file a suggestion of disqualification because the Judge is interested in the result of the cause. F.S.A. § 38.10 provides that a party may file an affidavit of prejudice and thereby disqualify a judge....

PER CURIAM. This interlocutory appeal by the defendant challenges the correctness of an order denying defendant’s motion filed under § 38.10 Fla.Stat., F.S.A....

...You have ten days to file affidavits in support of your motion and get it reset for hearing. Petitioner timely filed her sworn motion to disqualify the trial judge, which complies with substantive and procedural authority. See § 38.10, Fla....

absence of a proper motion for recusal under Section 38.10, Fla. Stat. (1979), the trial judge correctly