SECTION 38.08. Effect of orders where petition for reconsideration not filed.

Latest version.

1If no petition for reconsideration is filed, as provided for in s. 1338.07, 14all 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. 7038.02 71or s. 7338.05, 74shall not be assignable as error subject to review by the appropriate appellate court unless a petition for reconsideration as provided for in s. 9838.07, 99was 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.

History.-s. 9, ch. 16053, 1933; CGL 1936 Supp. 4155(8); s. 6, ch. 63-559.

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