LUCY J. ANDERS, APPELLANT,
v.
THADDEUS A. ANDERS, APPELLEE
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A successor judge cannot merely sign an order based on a predecessor's oral ruling without a new hearing, as it is speculative whether the predecessor would have finalized the order.
Following a dissolution judgment, the wife sought modification. The trial judge granted a directed verdict for the husband but left office before issu…
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PER CURIAM.
The parties’ marriage was dissolved in February, 1978. In December, 1978, appellant-wife sought relief from or modification of the judgment of dissolution. A hearing was held and, after appellant’s testimony, counsel for appellee moved for a directed verdict in appellee’s favor. The trial judge said, “I am going to grant the motion.” The judge, however, left office in January, 1979, without having reduced his decision to writing. Subsequently, the successor judge denied a motion for rehearing and rendered a final judgment for appellee, stating that he considered his action to be merely ministerial.
We reverse. This case is distinguishable from Olympic Manufacturing Co. v. Shepherd, 190 So. 2d 588 (Fla. 3d DCA 1968), wherein the predecessor judge had written, but not signed, an order, and the successor simply signed the prior judge’s order. The appellate court held the order to be valid.
Here, however, it is entirely possible the judge who heard the evidence could have changed his mind before rendering his order. In any event, it would be speculative to assume the first judge would have written substantially the same order as that fashioned by his successor. See Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971), wherein a judgment, written by one judge after he left office and signed by his successor, was held invalid.
In effect, no decision has been made in this case. The lower court, on remand, should hold a de novo hearing on appellant’s motion for relief or modification before entering a judgment. If the parties so stipulate, of course, the transcript of the prior hearing may be utilized along with whatever other evidence they wish the judge to consider. REVERSED.
McCORD, Acting C. J., SHIVERS, J., and MASON, ERNEST E., Associate Judge, concur.
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Citator
Cited By (11 total)
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Carr v. Byers, 578 So. 2d 347 (Fla. 1st DCA 1991)…l judge was killed in an airplane accident. After a hearing on the appellee’s motion for entry of final judgment, at which counsel for the appellee cited Olympic Manufacturing Co. v. Shepherd, 190 So. 2d 588 (Fla. 3d DCA 1966), and Anders v. Anders, 376 So. 2d 439 (Fla. 1st DCA 1979),1 the successor judge executed the proposed final judgment. This appeal ensued. There is no reason to believe that the trial judge was not going to do what he had [*348] advised the parties he would do, that is, submit a propose…1 / 2
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Reaves v. Reaves, 546 So. 2d 744 (Fla. 2d DCA 1989)…idence may only enter a verdict or judgment upon a retrial or if the parties so stipulate on the basis of the record of the prior proceedings. Tompkins Land and Housing, Inc. v. White, 431 So. 2d 259, 260 (Fla.2d DCA 1983). Accord, Anders v. Anders, 376 So. 2d 439 (Fla.lst DCA 1979). In view of our disposition, we do not reach the wife’s contention that the trial court erred in denying her petition on the merits. Accordingly, we vacate the trial court’s judgment denying the wife’s petition. We remand for an…
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Umscheid v. Umscheid, 724 So. 2d 1267 (Fla. 5th DCA 1999)…1992); Carr v. Byers, 578 So. 2d 347 (Fla. 1st DCA 1991); Alvord v. Alvord, 572 So. 2d 925 (Fla. 3d DCA 1990); Beattie v. Beattie, 536 So. 2d 1078 (Fla. 4th DCA 1988); Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971). See also Anders v. Anders, 376 So. 2d 439 (Fla. 1st DCA 1979); Bradford v. Foundation & Marine Const. Co., Inc., 182 So. 2d 447 (Fla. 2d DCA), cert. den., 188 So. 2d 821 (Fla.1966). ORDER QUASHED. GRIFFIN, C.J., and THOMPSON, J., concur.…
Previewing 3 of 11 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971)
- Olympic Mfg. Co. v. Shepherd, 190 So. 2d 588 (Fla. 3d DCA 1966)