THE STATE OF FLORIDA, DEPARTMENT OF REVENUE, CHILD SUPPORT ENFORCEMENT AND SANDRA EDITH RILEY, APPELLANTS,
v.
GARY EDWARD RILEY, JR., APPELLEE
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PER CURIAM.
We affirm that portion of the order under review that transferred this case to the appropriate division of the circuit court. We reverse, however, that portion of the order that vacated “all previous Orders entered in this case” and required the appellant to recommence all actions “ab initio” in the appropriate division.
The law is clear that “the intracir-cuit transferring of cases from one judge to another, whether within a designated division or different divisions, is a matter of internal administration of the court and does not affect the validity of orders or judgments entered.” Pantoja v. Reliable Trucking, Inc., 585 So. 2d 955, 956 (Fla. 4th DCA 1991). Additionally, “a successor judge may not cor rect errors of law committed by his predecessor and hence he cannot review and reverse on the merits and on the same facts the final orders and decrees of his predecessor.” Groover v. Walker, 88 So. 2d 312, 313 (Fla.1956). Consequently, the trial court erred when it vacated all previous orders entered in this case on the basis that they had been heard or entered in the wrong circuit court division.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
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Jauregui v. Bobb's Piano Sales & Serv., Inc., 922 So. 2d 303 (Fla. 3d DCA 2006)…the previous one. I. First, it is quite obvious that the successor judge lacked the power or authority to revisit, much less reverse, the previous decision on the merits. See Groover v. Walker, 88 So. 2d 312 (Fla.1956); Dep’t of Revenue v. Riley, 684 So. 2d 905 (Fla. 3d DCA 1996); Better Constr., Inc. v. Camacho Enters., Inc., 311 So. 2d 766 (Fla. 3d DCA 1975), cert. denied, 325 So. 2d 8 (Fla.1975). II. Second, and more important, the judgment on review was erroneous as a matter of law. It is based on th…
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Yarine v. Blanco, 859 So. 2d 1275 (Fla. 3d DCA 2003)…(vacating the dismissal of Magaly Blanco’s claims and reinstating them). The trial court is instructed to reinstate that portion of the trial court’s order dated March 27, 2002, dismissing Magaly Blanco’s claims. See Department of Revenue v. Riley, 684 So. 2d 905 (Fla. 3d DCA 1996)(a successor judge may not correct errors of law committed by his predecessor and hence he cannot review and reverse on the merits and on the same facts the final orders and decrees of his predecessor); City of Miami Beach v. Chadd…
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Authorities Cited
- Groover v. Walker, 88 So. 2d 312 (Fla. 1956)
- Pantoja v. Reliable Trucking, Inc., 585 So. 2d 955 (Fla. 4th DCA 1991)