Florida Supreme Court
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June 7, 2018
Law Offices of Herssein and Herssein, P.A., etc., et al. v. United Services Automobile Association
The Law Offices of Herssein and Herssein, P.A. had pending litigation in the trial court against United Services Automobile Association for breach of contract and fraud. Herssein discovered a lawyer for U.S. Automobile and the trial judge were “friends” on Facebook and filed a motion to disqualify the judge. Herssein argued the Facebook “friendship” violates opinions of the Judicial Ethics Advisory Committee, the Florida Code of Judicial Conduct and case law because judges cannot be Facebook “friends” with lawyers or litigants who appear and argue before them in court. The trial court denied the motion. The Third District Court of Appeal also rejected Herssein’s motion to disqualify the trial judge but acknowledged conflict with a decision from the Fourth District Court of Appeal. This appeal followed.