Florida District Courts of Appeal, 2014

Berry v. Berry

Berry v. Berry
Florida District Courts of Appeal · Decided June 10, 2014 · Padovano, Ray, Wolf
139 So. 3d 508; 2014 WL 2589210; 2014 Fla. App. LEXIS 8817 (Southern Reporter, Third Series)

Berry v. Berry

Opinion of the Court

PER CURIAM.

While we ascribe absolutely no improper motive to the trial judge’s actions, we find that the ex parte conference was not authorized under the terms of Canon 3B(7) of the Code of Judicial Conduct, and the husband has failed to identify any other applicable exception to the general rule that a judge shall not permit or consider ex parte communications concerning a pending proceeding. We further conclude that the fact that this ex parte conference occurred constituted a legally sufficient basis for petitioner’s motion for disqualification. See generally Rose v. State, 601 So.2d 1181 (Fla. 1992). Accordingly, the petition for writ of prohibition is granted. On remand, a new judge shall be assigned to hear further proceedings in this matter.

WOLF, PADOVANO, and RAY, JJ., concur.

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