LISA RHYNES-PARTLOW
v.
JUANTIA RHYNES

9th Cir. Ct. App. Div. | 2016-10-04
Nos. Rhynes v. Infinity Auto, 15-CV-124
1 FLCA 4835 Ninth Judicial Circuit Court, Appellate Division (2016)

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Synopsis

Appellants Lisa Rhynes-Partlow and Juantia Rhynes challenged a final judgment entered against them in the trial court. The appellate court reversed and remanded because the final judgment was signed by a judge who did not preside over the trial, a reversible error under Florida law.


Holding

The court reversed the final judgment because it was signed by a judge who did not preside over the trial. Under Florida law, when a successor judge signs a final order based on evidence heard by a different judge, reversal is compelled.


Headnotes

[1] A final judgment must be signed by the judge who presided over the trial or heard the evidence.

[2] An appellate court will reverse a judgment entered by a judge who did not preside over the trial or hear the evidence.

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Key Quotes

“Because the final judgment was signed by a judge that did not preside over the trial, we reverse.”

Statement of the core reversible error and holding of the court

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Facts & Procedural History

A final judgment was entered against appellants Lisa Rhynes-Partlow and Juantia Rhynes in the trial court on November 17, 2015. The judgment was signe…

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Opinion of the Court

Before APTE, LATIMORE, and ROCHE, J.J.

PER CURIAM.

Appellants, Lisa Rhynes-Partlow and Juantia Rhynes, appeal the trial court’s final judgment entered against them. This Court has jurisdiction under Florida Statute section 26.012(1) and Florida Rule of Appellate Procedure 9.030(c)(1)(A). Because the final judgment was signed by a judge that did not preside over the trial, we reverse.1 See In re N.C., 834 So. 2d 189, 189 (Fla. 2d DCA 2002) (court “compelled to reverse” when a different judge signed the final order than the one that presided over the dependency proceedings); Hartney v. Piedmont Tech., Inc., 814 So. 2d 1217, 1218 (Fla. 1st DCA 2002) (reversing because a successor judge

DONE AND ORDERED in Chambers, at Orlando, Orange County, Florida, on this 24th

day of October, 2016.

/S/

ALAN S. APTE Presiding Circuit Judge

LATIMORE and ROCHE, J.J., concur. CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Order has been furnished to: The Honorable Tina Caraballo, Orange County Judge, Orange County Courthouse, 425 N. Orange Ave., Orlando, FL 32801; Lisa Rhynes-Partlow and Juantia Rhynes, 5077 Stratemeyer Dr., Orlando, FL 32839; and Gary Kornfield, Esq., Law Offices of Gary Kornfield, P.A., 4600 Sheridan St., Suite 203, Hollywood, FL 33021, on this 24th day of October, 2016.

/S/

Judicial Assistant

Footnotes
1 The other arguments set forth in the Initial Brief are without merit. entered the judgment based on evidence heard by a different judge); Umscheid v. Umscheid, 724 So. 2d 1267, 1268 (Fla. 5th DCA 1999) (quashing order signed by judge that did not hear the evidence); Carr v. Byers, 578 So. 2d 347, 347-48 (Fla. 1st DCA 1991) (reversing and remanding for a new trial when successor judge that did not hear evidence signed proposed final judgment that trial judge in bench trial edited and dictated to his secretary before his death). Accordingly, it is hereby ORDERED AND ADJUDGED that the “Final Judgment Against Lisa Rhynes-Partlow and Juanita [sic] Rhynes,” entered on November 17, 2015, is REVERSED and this matter is REMANDED to the trial court for further proceedings consistent with this opinion.

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