Attorneys must make sure that any ex parte contacts and communications with a judge concerning administrative matters in no way venture into the merits of the case. Otherwise, the judge will be subject to disqualification, as the Third District made crystal clear in Menada v. Arevalo, Case Nos. 3D21-0773, 3D21-945, 47 Fla. L. Weekly D1400 (Fla. 3d DCA June 29, 2022).

The Menada decision involved a wrongful death action where the original judge was transferred to the family court division after presiding over the case for two years. At the time, the defendant had a pending motion for clarification as to an order the original judge entered before being reassigned.

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