ROGES EXAUS, APPELLANT,
v.
VALERIE DANIELS, APPELLEE

Fla. 4th DCA | 2006-04-19
No. 4D05-1889
WARNER, GROSS and HAZOURI, JJ., concur.
929 So. 2d 38 Florida District Court of Appeal, Fourth District (2006) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed. See Dep’t of Revenue v. Harris, 684 So. 2d 231 (Fla. 2d DCA 1996).

WARNER, GROSS and HAZOURI, JJ., concur.


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  • …ge is in a much better position to make such a ruling given that the presiding trial judge witnessed the trial firsthand. In fact, a successor judge is in no better a position than the appellate court to make such a ruling. See Peterson v. Peterson, 929 So. 2d 38, 39 (Fla. 4th DCA 2006). This court has recognized that a successor judge may be required to grant a new trial as a matter of law when the successor judge did not observe factors, such as the demeanor or credibility of a witness, that could have bee…

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