Gloria Carr v. Nathan Byers

Summary

The Florida First District Court of Appeal held that a successor judge may not enter a final judgment based on evidence heard by a predecessor judge when the predecessor had not rendered the judgment by signing, filing, or publicly announcing it. The court reversed and remanded for a new trial, ruling that a proposed written judgment that was never signed or filed is not a rendered judgment and cannot be entered by a successor.

Holdings

1. A successor judge may not enter an order or judgment based upon evidence heard by the predecessor judge; until rendered, the decision of a trial judge is not a judgment. A proposed final judgment reduced to writing but not signed, recorded, filed, or publicly announced by the predecessor judge cannot be entered by a successor judge without hearing the evidence.

Questions Presented

1. Whether a successor judge may enter a final judgment based on evidence heard by a predecessor judge when the predecessor judge had not rendered, signed, or filed the judgment before leaving the bench.

Disposition

reversed_and_remanded