Florida Statute 38.12 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 38
JUDGES: GENERAL PROVISIONS

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38.12 Resignation, death, or removal of judges; disposition of pending matters and papers.—Upon the resignation, death, or impeachment of any judge, all matters pending before that judge shall be heard and determined by the judge’s successor, and parties making any motion before such judge shall suffer no detriment by reason of his or her resignation, death, or impeachment. All judges, upon resignation or impeachment, shall file all papers pending before them with the clerk of the court in which the cause is pending; and the executor or administrator of any judge who dies pending any matter before him or her shall file all papers found among the papers of his or her intestate or testator with the said clerk.

History.—ss. 1, 2, ch. 3007, 1877; RS 971, 972; GS 1341, 1342; RGS 2529, 2530; CGL 4156, 4157; s. 4, ch. 73-334; s. 1331, ch. 95-147.

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Amendments to 38.12

Annotations, Discussions, Cases:

Cases Citing Statute 38.12

Total Results: 3 | Sort by: Relevance | Newest First

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Bradford v. Found. & Marine Constr. Co., 182 So. 2d 447 (Fla. Dist. Ct. App. 1966).

Cited 16 times | Published | District Court of Appeal of Florida | 22 A.L.R. 3d 917

...Bach, 1 Wis.2d 378, 83 N.W.2d 877, aff'd on rehearing, 1 Wis.2d 370, 85 N.W.2d 673 (1957); Dawson v. Wright, 234 Ind. 626, 129 N.E.2d 796 (1955); McAllen v. Souza, 24 Cal. App.2d 247, 74 P.2d 853 (1938); State ex rel. Wilson v. Kay, 164 Wash. 685, 4 P.2d 498 (1931). The appellee argues that Sections 26.19 and 38.12, Florida Statutes, F.S.A., govern the outcome of this decision in the absence of Florida case law. Section 38.12 states, in pertinent part: "Upon the resignation, death or impeachment of any judge, all matters pending before him shall be heard and determined by his successor, and parties making any motion before such judge shall suffer no detriment by reason of his resignation, death or impeachment....

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In Re United States of Am., United States of Am. v. Manuel Blanco Garcia, 844 F.2d 1528 (11th Cir. 1988).

Cited 13 times | Published | Court of Appeals for the Eleventh Circuit | 1988 U.S. App. LEXIS 6534

accordance with paragraph (1) of this section. 38 (12) In United States v. Barredo, No

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Kelley v. State, 637 So. 2d 972 (Fla. 1st DCA 1994).

Cited 7 times | Published | Florida 1st District Court of Appeal | 1994 WL 241730

...We do not say that in every case only the judge who tried the case can make that determination on motion for new trial. However, we do hold that a defendant is entitled to have this review made by a judge who is qualified and able to evaluate the evidence and credibility of the witnesses. Section 38.12, Florida Statutes (1991), explicitly provides: "Upon the resignation, death, or impeachment of any judge, all matters pending before him shall be heard and determined by his successor, and parties making any motion before such judge sha...

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