A Review of Recent Appellate Opinions
Law Offices of Herssein and Herssein v. United Services Auto. Assoc.
43 Fla. L Weekly S565b
Supreme Court of Florida; November 15, 2018
An attorney filed a motion to disqualify a judge on the grounds that an attorney representing a potential party in his case was listed as a friend on the judge’s personal Facebook page. The trial court denied the motion as legally insufficient, and the attorney petitioned the Third DCA for a writ of prohibition. The Third DCA denied the petition. The Third DCA’s holding was in conflict with a Fourth DCA holding. Did the trial court err in denying the motion to disqualify?
The answer is :
No. A Facebook “friend” may actually be a stranger. Therefore an allegation that a trial judge is a Facebook “friend,” with an attorney appearing before the judge, standing alone, is not legally sufficient to disqualify the judge.
Attorney Samuel A. Walker is a partner at CPLS, P.A., and focuses his practice on civil and criminal appeals. If you are unhappy with the judge’s decision in your case, contact Attorney Walker today at email@example.com to discuss an appeal.