§ 38.07, Fla. Stat. · Chapter 38. JUDGES: GENERAL PROVISIONS
Effect of orders entered prior to disqualification; petition for reconsideration.
Text — 2026 Florida Statutes
When orders have been entered in any cause by a judge prior to the entry of any order of disqualification under s. 38.02 or s. 38.05, any party to the cause may, within 30 days after the filing in the cause of the order of the chief judge of the circuit or the Chief Justice of the Supreme Court, as provided for in s. 38.09, petition the judge so designated for a reconsideration of the orders entered by the disqualified judge prior to the date of the entry of the order of disqualification. Such a petition shall set forth with particularity the matters of law or fact to be relied upon as grounds for the modification or vacation of the orders. Such a petition shall be granted as a matter of right. Upon the granting of the petition, notice of the time and place of the hearing thereon, together with a copy of the petition, shall be mailed by the attorney, or attorneys, of record for the petitioners to the other attorney or attorneys of record, or to the party or parties if they have no attorneys of record. This notice shall be mailed at least 8 days prior to the date fixed by the judge for the hearing. The judge before whom the cause is then pending may, after the hearing, affirm, approve, confirm, reenter, modify, or vacate the orders.
Notes and commentary — not statutory text
History
s. 8, ch. 16053, 1933; CGL 1936 Supp. 4155(7); s. 10, ch. 63-572; s. 30, ch. 81-259; s. 1, ch. 83-260.
Source of truth
- Edition
- 2026 Florida Statutes
- Official file
- https://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0038/0038.html
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This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
The Florida Statutes
- § 38.02, Fla. Stat.Suggestion of disqualification; grounds; proceedings on suggestion and effect.Printed as s. 38.02
- § 38.05, Fla. Stat.Disqualification of judge on own motion.Printed as s. 38.05
- § 38.09, Fla. Stat.Designation of judge to hear cause when order of disqualification entered.Printed as s. 38.09
Cited by 1 provision
Provisions in this library whose text cites § 38.07, Fla. Stat.. Each shows the citation as that text prints it.
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