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To: TigersEye
"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 judge of that court against the applicant or in favor of the adverse party, 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."

Who was the party to the action?

And what were their reasons for filing the affidavit?

931 posted on 03/24/2005 10:48:57 AM PST by Luis Gonzalez (Some people see the world as they would want it to be, effective people see the world as it is.)
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To: Luis Gonzalez
The Schindlers filed the motion to dismiss. Under FL law no reason is required but it is mandatory that the judge recuse himself. In addition...

38.06 Effect of acts where judge fails to disqualify himself or herself.--In any cause where the grounds for a suggestion of disqualification, as set forth in s. 38.02, appear of record in the cause, but no suggestion of disqualification is filed therein, the orders, judgments, and decrees entered therein by the judge shall be valid. Where, on a suggestion of disqualification the judge enters an order declaring himself or herself qualified, the orders, judgments, and decrees entered therein by the said judge shall not be void and shall not be subject to collateral attack.

939 posted on 03/24/2005 10:53:38 AM PST by TigersEye (Free speech! It's not just for Democrats anymore!)
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