§ 38.08, Fla. Stat. · Chapter 38. JUDGES: GENERAL PROVISIONS
Effect of orders where petition for reconsideration not filed.
Text — 2026 Florida Statutes
If no petition for reconsideration is filed, as provided for in s. 38.07, all orders entered by the disqualified judge prior to the entry of the order of disqualification shall be as binding and valid as if said orders had been duly entered by a qualified judge authorized to act in the cause. The fact that an order was entered by a judge who is subsequently disqualified under s. 38.02 or s. 38.05, shall not be assignable as error subject to review by the appropriate appellate court unless a petition for reconsideration as provided for in s. 38.07, was filed by the party urging the matter as error, and the judge before whom the cause was then pending refused to vacate or modify said order.
Notes and commentary — not statutory text
History
s. 9, ch. 16053, 1933; CGL 1936 Supp. 4155(8); s. 6, ch. 63-559.
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
- Text hash
- sha256 fcf5cad9dce7112cd27a2027b6231cf73707917661dde125dbbd5c5b4fc19fd0
- Composed by
- compose_v2.py 2026-10-04: the Legislature's structured HTML read in document order; verify_v2.py's independent reading agrees character for character
- composed from the Legislature's structured HTML (one source of text; no PDF extraction); a second, independent reading of the same bytes agrees character for character
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
- § 38.07, Fla. Stat.Effect of orders entered prior to disqualification; petition for reconsideration.Printed as s. 38.07
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.