OLYMPIC MANUFACTURING COMPANY, A GEORGIA CORPORATION, APPELLANT,
v.
LEONARD T. SHEPHERD, APPELLEE
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A successor judge has the authority to sign and enter a final decree dictated by a predecessor judge whose term expired before signing.
A judge dictated a final decree, but his term expired before he could sign it. His successor signed the decree and later granted a rehearing on the gr…
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Plaintiff, Olympic Manufacturing Company, takes this interlocutory appeal from an order granting rehearing.
This cause which was concluded on January 11, 1966, was heard before Judge Ray Pearson. Judge Pearson dictated the final decree on January 11, 1966. On January 12, 1966 Judge Pearson’s term of office expired. On January 17, 1966, his successor, Judge Gene Williams signed the decree which had been dictated by Judge Pearson.
Judge Williams granted rehearing on the ground that the decree is void because he was without jurisdiction to sign and enter it-
“It is generally stated that a successor judge may complete any acts uncompleted by his predecessor where they do not require the successor to weigh and compare testimony.” Bradford v. Foundation & Marine Construction Co., Fla.App.1966, 182 So.2d 447, 449; See Groover v. Walker, Fla.1956, 88 So.2d 312.
We conclude from the above that Judge Williams had the authority to sign and enter the final decree. Therefore, it was error to grant the defendant’s petition for rehearing. We have also reviewed defendant’s contention on cross-appeal and find it to be without merit.
Accordingly the order appealed is reversed.
Reversed.
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Silvern v. Silvern, 252 So. 2d 865 (Fla. 3d DCA 1971)…ve been exceptional cases in which the courts have held that where a judgment has actually been fully effected the judgment could stand. The appellee relies upon one such case from this court. See Olympic Manufacturing Co. v. Shepherd, Fla.App.1966, 190 So. 2d 588. The Olympic Manufacturing Co. decision is different from this case in that the trial judge in Olympic had actually reduced the judgment to writing and nothing remained to be done except the fixing of the signature. Without reaffirming the holding…
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Carr v. Byers, 578 So. 2d 347 (Fla. 1st DCA 1991)…ing further action with respect to the judgment, the trial 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] a…
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Anders v. Thaddeus A. Anders, 376 So. 2d 439 (Fla. 1st DCA 1979)…ntly, 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 h…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Groover v. Walker, 88 So. 2d 312 (Fla. 1956)
- Bradford v. Found. & Marine Constr. Co., Inc., 182 So. 2d 447 (Fla. 2d DCA 1966)