The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . . § 38.10. . . . PENAL CODE ANN. § 38.10. . . . PENAL CODE ANN. § 38.10(a). . . . The generic elements of Section 38.10, "intentionally or knowingly fails to appear in accordance with . . . In sum, a comparison of the generic elements of Section 38.10 with the generic elements of failure to . . .
. . . (IND Application at JTX 35.63, 35.69; October 1990 IND Supplement, JTX 38 at 38.3, 38.10; Hospira Resp . . . (IND Application at JTX 35.69; October 1990 IND Supplement at JTX 38.10.) . . .
. . . Legal Standard for Disqualification "A motion to disqualify is governed substantively by section 38.10 . . . State , 221 So.3d 571, 581 (Fla. 2017) (quoting § 38.10, Fla. Stat. (2014) ). . . .
. . . State, 118 So.3d 770, 778 (Fla. 2013) (citing § 38.10, Fla. Stat. (2011) ). . . .
. . . PENAL CODE § 38.10 (bail-jumping and failure-to-appear charges range from Class A misdemeanors to third . . .
. . . PENAL CODE § 38.10 (bail-jumping and failure-to-appear charges range from Class A misdemeanors to third . . .
. . . Section 38.10, Florida Statutes (2018), requires that the applicant for disqualification file "an affidavit . . .
. . . of assault in its calculation, which caused appellant's scoresheet to total 38.30 points instead of 38.10 . . .
. . . Section 38.10, Florida Statutes (2014), provides substantive entitlement to have a presiding judge who . . .
. . . “A motion to disqualify is governed substantively by section 38.10, Florida Statutes [ (2014) ], and . . . judge” as well as “the facts and the reasons for the belief that any such bias or prejudice exists.” § 38.10 . . . disqualify “may be assigned as error and may be reviewed as are other rulings of the trial court.” § 38.10 . . .
. . . The sufficiency of a motion to disqualify is governed by section 38.10, Florida Statutes (2015), and . . .
. . . Penal Code § 38.10. . . . Penal Code § 38.10. . . .
. . . Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2016), and procedurally . . .
. . . In MacKenzie, the supreme court considered whether a judge should have recused herself under section 38.10 . . .
. . . . - Motions to disqualify are governed substantively by section 38.10, Florida Statutes (2014), and procedurally . . .
. . . the Third District Court of Appeal where the trial judge was disqualified for prejudice under section 38.10 . . . footnote, however, the Brown court clarified that a judge is not subject to disqualification under section 38.10 . . . Section 38.10 provides for disqualification of a judge based on a party’s fear that "he will not receive . . .
. . . The invoice reflects .a total of 38.10 hours for services rendered for this case as of June 27, 2014, . . .
. . . See § 38.10, Fla. Stat.; Gregory v. State, 118 So.3d 770, 778 (Fla.2013). . . .
. . . Harper, this referee was disqualified under Florida Statute § 38.10 and Canon 3E(1) of Florida’s Judicial . . . We disagree because the statute and canon do not apply- Florida Statute § 38.10 is inapplicable, for . . . Stat. § 38.10 (1995). Similarly, Canon 3E(1) does not apply. . . . Because Florida Statute § 38.10 and Canon 3E(1) do not apply, we reject Mr. . . .
. . . “A motion to disqualify is governed substantively by section 38.10, Florida Statutes ... and procedurally . . . judge,” as well as “the facts and the reasons for the belief that any such bias or prejudice exists.” § 38.10 . . . See § 38.10, Fla Stat. (2011). . . .
. . . See MGO § 38.10(l)(a). The committee held five days of hearings over the course of a year. . . . Next, Flowers maintains that the term “disorderly house” in Madison’s ordinance, see MGO § 38.10(l)(a . . .
. . . A motion to disqualify is governed by section 38.10, Florida Statutes (2011), and Florida Rule of Judicial . . .
. . . appear as ordered by the notice under Subsection (b) is a Class C misdemeanor independent of Section 38.10 . . .
. . . 2010_$ 622.18_$ 541.03_$ 81.15 8/23/2010_$1,031.19_$ 896.69_$ 134.50 11/23/2010_$ 292.10_$ 254.00_$ 38.10 . . .
. . . Substantively, the disqualification of a judge is governed by section 38.10, Florida Statutes (2010). . . .
. . . Total Unbillable Billable _Name Hours Hours Hours Rate Lodestar John Frith Stewart (lead attorney) 38.10 . . .
. . . See § 38.10, Fla. Stat. (2010); Fla. R. Jud. Admin. 2.330(g). . . .
. . . 34 (60.71%) (Class B/Class 2) (78.26%) (21.74%) Noteholder Claims $58,123,000.00 $126,551,000.00 8 (38.10% . . .
. . . Wisotsky, 781 So.2d 1063, 1065 (Fla.2000) (citing § 38.10, Fla. Stat. (1993)). . . .
. . . (E.D.N.Y.1992) (“KAL ”); Red Star Towing, 552 F.Supp. at 371; see also 8 Moore’s Federal Practice § 38.10 . . .
. . . See also § 38.10, Fla. Stat.; Kokal v. State, 901 So.2d 766, 773-75 (Fla.2005). . . .
. . . insufficient for three reasons: (1) it did not comply with the technical requirements of Florida Statute 38.10 . . . original motion to recuse pursuant to Florida Rule of Criminal Procedure 3.230 and Florida Statute § 38.10 . . . Neither Rule 3.230 nor Florida Statute 38.10 discussed timeliness for a post-conviction disqualification . . . Stat. § 38.10. . . .
. . . . § 38.10, Fla. . . . See also § 38.10, Fla. Stat. (2007). . . . This is in contrast to a motion for disqualification for prejudice under section 38.10 where the judge . . .
. . . . § 38.10. . . . Stat. § 38.10. . . . 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. . . . The chill wind from that asserted penalty will still blow in from § 38.10. . . .
. . . A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally . . .
. . . . § 38.10, Fla. Stat. (2008). . . .
. . . Wickham’s motion to disqualify is governed substantively by section 38.10, Florida Statutes (2001), and . . .
. . . Lynch premised his motion on Florida Rule of Judicial Administration 2.160, section 38.10, Florida Statutes . . . Alleged Judicial Bias A motion to disqualify is governed substantively by section 38.10, Florida Statutes . . .
. . . Cordon billed 38.10 hours on the second invoice, which also included travel time from Seattle to Coeur . . .
. . . proof, such conditions subsequent are treated the same as conditions precedent. 13 Williston, supra, § 38.10 . . .
. . . . § 38.10 ("They are in substance conditions precedent to a duty of immediate performance and are subsequent . . .
. . . See § 38.10, Fla. Stat. (2006); Fla. R. Jud. Adm. 2.330. . . .
. . . A motion to disqualify is governed substantively by section 38.10, Florida Statutes (2005), and procedurally . . .
. . . Admin. 2.330(g); see § 38.10, Fla. Stat. (2005). . . .
. . . governed procedurally by Florida Rule of Judicial Administration 2.160 and substantively by section 38.10 . . .
. . . . § 38.10, a litigant need only file an affidavit stating that he fears he will not receive a fair trial . . . Stat. § 38.10 at the time, therefore, Judge Lan-do retained jurisdiction over Sibley’s case. . . . Stat. § 38.10. . . . Supreme Court has noted that Rule 2.160 governs the process for judicial disqualification, while § 38.10 . . .
. . . Suggestion of Disqualification pursuant to Florida Rule of Judicial Administration 2.160 and section 38.10 . . . Under section 38.10 and rule 2.160(f), the county court was required to immediately rule on Hoffman’s . . .
. . . Wright & Miller, supra at § 2310; 8 Moore's Federal Practice, at § 38.10[1], . . . .
. . . Stat. 38.10 and Rule 2.160(h) of the Judicial Administration Rules” and her “Motion to Vacate Surcharge . . .
. . . See § 38.10, Fla.Stat. (2004); Armstrong v. Harris, 773 So.2d 7 (Fla.2000); Peterson v. . . .
. . . 1.432 was repealed and replaced by Florida Rule of Judicial Administration 2.160 and sections 38.02 and 38.10 . . .
. . . Substantively, the disqualification of a judge is controlled by section 38.10 of the Florida Statutes . . . Both section 38.10 and rule 2.160 provide that a different standard should be utilized for a successive . . . Section 38.10 provides, in relevant part: [W]hen any party to any action has suggested the disqualification . . . holds that it is then a fact that he or she does not stand fair and impartial between the parties. § 38.10 . . .
. . . 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 . . .
. . . First off, it is important to note that petitioners are mistaken in their reliance on section 38.10, . . .
. . . sentencing Thibault to death, Chamberlain filed a motion to disqualify Judge Mounts pursuant to section 38.10 . . .
. . . Admin. 2.160(d)(1); see also § 38.10, Fla. Stat. (2002). . . .
. . . See § 38.10, Fla. Stat. (2003). The attorney's erroneous advice needlessly disrupted the court. . . .
. . . ) (ruling on motion to dismiss while motion to recuse was pending violated Florida Statutes section 38.10 . . .
. . . The court explained that section 38.10, Florida Statutes, and Florida Rule of Judicial Administration . . .
. . . Judge Alemán, pursuant to rule 2.160(d)(1) of the Florida Rules of Judicial Administration and section 38.10 . . .
. . . Practice ¶ 38.10[2][b] (3d ed. 2003) (“If the issue, in its modern context, is such that it would have . . .
. . . Florida Water concedes neither section 38.10 nor rule 2.160, which govern disqualification of trial judges . . . Governor may appoint a substitute to serve in the matter from which the individual is disqualified .... . 38.10 . . .
. . . . § 38.10 (Vernon Supp.1999) provides an exception to the marital communications privilege where a person . . .
. . . Additionally, section 38.10, Florida Statues (2000), gives parties the right to seek disqualification . . . Rule 2.160 governs the process for judicial disqualification, while section 38.10 controls the substantive . . .
. . . February 1998, the WUTC ordered Qwest to reduce its rates for 1FB lines by more than 31 percent (from $38.10 . . .
. . . to a trial court, the trial judge is required to immediately rule on the motion pursuant to Section 38.10 . . .
. . . See § 38.10, Fla. Stat.; Armstrong v. . . . A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally . . .
. . . . § 38.10 (2001); Fla. R. Judicial Admin. 2.160(c); Lett v. . . .
. . . Although the primary basis for the supreme court’s decision turned on a construction of section 38.10 . . .
. . . . § 38.10 and Canon 3C of the Code of Judicial Conduct. . . . In addition, Brook noted that the recusal of a federal judge is not governed either by § 38.10 Fla. . . . Stat. § 38.10 or by a State Court Rule dealing with the recusal of a judicial officer. . . .
. . . Section 38.10, Florida Statutes (2001), gives litigants the substantive right to seek disqualification . . . Section 38.10, provides in pertinent part: Whenever a party to any action or proceeding makes and files . . .
. . . Moore et al, Moore’s Federal Practice § 38.10[3][a][iii] (3rd ed.2002). . . .
. . . See § 38.10, Fla. Stat.; Armstrong v. . . . A motion to disqualify is governed in substance by section 38.10, Florida Statutes, and procedurally . . .
. . . American Trans Air, Inc., supra, 86 F.3d at 668; 8 Moore’s Federal Practice § 38.10[4][a], p. 38-49 ( . . .
. . . Both section 38.10 and rule 2.160 provide that once a motion to recuse is granted, the trial judge may . . .
. . . . § 38.10, Florida Statutes (1999); Armstrong v. . . .
. . . Section 38.10, Florida Statutes (1999), gives litigants the substantive right to seek disqualification . . . Section 38.10 provides, in pertinent part: Whenever a party to any action or proceeding makes and files . . .
. . . litigant’s substantive right to seek disqualification of an allegedly biased judge is provided by section 38.10 . . .
. . . . § 38.10 and 40 C.F.R. § 745.102). . . .
. . . Section 38.10, Florida Statutes (1993), provides: Disqualification of judge for prejudice; application . . . by a certificate of counsel of record that such affidavit and application are made in good faith. § 38.10 . . . See § 38.10, Fla. Stat. (1993). . . . and that the trial court’s failure to act immediately on the motion to disqualify violated section 38.10 . . .
. . . The respondents, on the other hand, rely on the express language of section 38.10, Florida Statutes ( . . .
. . . Henderson stated that the average hourly price for all employees was $70.81, leaving a shortfall of $38.10 . . .
. . . ’s motion was governed by rule 2.160(g) of the Florida Rules of Judicial Administration and section 38.10 . . . and holds that it is then a fact that he does not stand fair and impartial between the parties.” § 38.10 . . . Section 38.10, Florida Statutes (1995), states in pertinent part: [Wjhen any party to any action has . . . such judge may be assigned as error and may be reviewed as are other rulings of the trial court. § 38.10 . . . See § 38.10, Fla. . . .
. . . . § 38.10, Fla. Stat. (1997). Affirmed. . . .
. . . Section 38.10, Florida Statutes, gives litigants the substantive right to seek disqualification of a . . .
. . . Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. . . .
. . . See § 38.10, Fla. Stat. (1997). . . .
. . . The statute governing disqualification of a judge for prejudice, section 38.10, Florida Statutes, states . . .
. . . Moore, Federal Practice § 38.10[1][d] (3d ed.1997) (citing Prudential Oil Corp. v. . . .
. . . Knuck, 497 So.2d 240 (Fla.1986); Fla.R.Jud.Admin. 2.160(d); section 38.10, Fla. Stat. (1995). Cf. . . .
. . . See § 38.10, Fla.Stat. (1995). She was also “permitted to explain the status of the record.” . . .
. . . The total hours expended include 38.10 hours in court and 251.35 hours out of court. . . . .
. . . Section 38.10, Florida Statutes (1995), embodies the substantive right to pursue the disqualification . . . apply if the motion to disqualify the trial judge is filed after judgment; the protections of section 38.10 . . .
. . . . —, 116 S.Ct. 823, 133 L.Ed.2d 766 (1996); § 38.10, Fla. Stat. (1995); Fla. R. Jud. Admin. 2.160. . . .
. . . response to the petition asserted that the petition was legally insufficient because: Florida Statute 38.10 . . . We conclude that neither section 38.10, Florida Statutes (1995), nor Florida Rule of Judicial Administration . . .
. . . The requirements of section 38.10, Florida Statutes (1993), were met. . . . .” § 38.10, Fla.Stat. (1993). Because the facts of this case do not support a recusal, we affirm. . . .
. . . the insured to procure the policy, concealment by him of material facts avoids the policy. 9 Couch § 38.10 . . .
. . . Administration, rule 3.230 of the Florida Rules of Criminal Procedure, and sections 38.01, 38.02, 38.09 and 38.10 . . . Section 38.10 states in part: 38.10 Disqualification of judge for prejudice; application; affidavits; . . . by a certificate of counsel of record that such affidavit and application are made in good faith. § 38.10 . . . Section 38.10 provides the substantive right to seek disqualification, whereas rule 2.160 controls the . . . Section 38.10 and rule 2.160, however, are directly applicable and form a basis for our opinion. .The . . .
. . . Section 38.10, Florida Statutes (1993), gives Time Warner the substantive right to seek disqualification . . .