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CAREMARK RX, INC. v. STATE, EX. REL. FLORIDA ATTORNEY GENERAL CRIST

No. 1D05-0787.

902 So.2d 276 (2005)

CAREMARK RX, INC. and Caremark, Inc., Petitioners, v. The STATE of Florida, ex. rel. FLORIDA ATTORNEY GENERAL Charlie CRIST and through Relators Michael Fowler and Peppi Fowler, Individuals and Residents of the State of Florida, as Relators under the Florida False Claims Act, Respondents.

District Court of Appeal of Florida, First District.

May 23, 2005.

Attorney(s) appearing for the Case

Kenneth W. Sukhia of Fowler, White, Boggs, Banker, Tallahassee, for petitioners.

W. Robert Vezina, III, and Mary Piccard Vance of Vezina, Lawrence and Piscitelli, Tallahassee, for respondents.

PER CURIAM.

While we ascribe absolutely no improper motive to the trial judge's actions, we find that the ex parte hearing on the motion seeking leave to communicate with current employees of the corporate petitioners was not authorized under the terms of Canon 3B(7) of the Code of Judicial Conduct, and respondents have failed to identify any other applicable exception to the general rule that a judge shall not permit or consider ex parte communications concerning...

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