CLASSICAL & INNOVATIVE DESIGNS, INC.
v.
BH DEVELOPERS, LLC
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When the judge who rendered a final judgment is unavailable, a successor judge cannot hear a motion for new trial or rehearing; appellate review is the proper procedure.
[1] When the judge who rendered a final judgment is unavailable to hear a motion for new trial or rehearing, a successor judge may not rule on such motion; instead, appellate…
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Join FLexlaw to unlock all legal intelligence“[W]here the judge rendering a final judgment is not available to hear a motion for new trial or for rehearing, a hearing and ruling thereon by another or successor judge is not appropriate, . . . the proper procedure is to seek an appellate review of the judgment.”
Court's citation to O'Neal v. Darling and Better Constr., Inc. v. Camacho Enters., Inc.
Classical & Innovative Designs, Inc. appealed a final judgment rendered by judges in the Circuit Court for Miami-Dade County. The original judges who …
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Third District Court of Appeal State of Florida Opinion filed February 5, 2025. Not final until disposition of timely filed motion for rehearing. No. 3D24-0406 Lower Tribunal No. 14-27158 Classical & Innovative Designs, Inc., Appellant, vs. BH Developers, LLC, Appellee. An Appeal from the Circuit Court for Miami-Dade County, Carlos Guzman and Mavel Ruiz, Judges. Kawel PLLC and Andrew Paul Kawel, for appellant. Siegfried Rivera and Stuart Sobel; Bennett Aiello Kreines and Jeremy
R. Kreines, for appellee.
Before LOGUE, C.J., and FERNANDEZ and MILLER, JJ.
PER CURIAM.
Affirmed. See O'Neal v. Darling, 321 So. 3d 309, 113 (Fla. 3d DCA
2021) (citing Better Constr., Inc. v. Camacho Enters., Inc., 311 So. 2d 766,
767 (Fla. 3d DCA 1975)) (“[W]here the judge rendering a final judgment is not available to hear a motion for new trial or for rehearing, a hearing and ruling thereon by another or successor judge is not appropriate, . . . the proper procedure is to seek an appellate review of the judgment.”).
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