Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What happens when your family law case is assigned a new judge after a trial is held but before the final judgment is signed by the original judge? This happened in a recent family law case, in which an appeal was taken after a new judge signed a final judgment on behalf of the original judge. The case is Bedwell v. Bedwell, 2D20-1305 (Fla. 2d DCA May 12, 2021).
A final hearing was held in August 2018, and a final judgment was entered approximately three months later. However, because the former husband filed a bankruptcy petition that was still pending at the time the final judgment was signed, the bankruptcy court vacated the final judgment of divorce about a year later as it related to distribution of assets and fees related thereto. In the same order, the stay put in place by the bankruptcy was lifted, making it possible for a new final judgment to be entered. By the time the order was back in front of the divorce court to be considered, the original judge had rotated out of the division, and a successor judge was in his place. The successor judge signed an identical final judgment previously entered by the original judge, indicating in the signature that it was being signed “for” the original judge. The former husband appealed.
The appellate court agreed it was error for the successor judge to sign the final judgment. The court noted “In Bradford v. Foundation & Marine Construction Co., 182 So. 2d 447 (Fla. 2d DCA 1966), a case in which the trial had been conducted before a judge without a jury, this court adopted the following rule: ‘[W]here oral testimony is produced at trial and the cause is left undetermined, the successor judge cannot render verdict or judgment without a trial de novo, unless upon the record by stipulation of the parties.’ [internal citations omitted] This is so because the successor judge had no opportunity to hear and observe the witnesses in the act of testifying. [internal citation omitted]. We have continued to follow this rule.”
Carefully approaching your Florida family law case may start with a consultation with a Miami family law attorney. Schedule a time to discuss your case during a consultation.