CopyCited 16 times | Published | Florida 2nd District Court of Appeal | 22 A.L.R. 3d 917
...Bach, 1 Wis.2d 378, 83 N.W.2d 877, aff'd on rehearing, 1 Wis.2d 370, 85 N.W.2d 673 (1957); Dawson v. Wright, 234 Ind. 626, 129 N.E.2d 796 (1955); McAllen v. Souza, 24 Cal. App.2d 247, 74 P.2d 853 (1938); State ex rel. Wilson v. Kay, 164 Wash. 685, 4 P.2d 498 (1931). The appellee argues that Sections
26.19 and
38.12, Florida Statutes, F.S.A., govern the outcome of this decision in the absence of Florida case law....
...* * *" (Emphasis added.) The phrase "heard and determined" is ambiguous. We agree with a sister state's interpretation of a similar statute that it does not authorize the successor judge to weigh and compare testimony of witnesses whom he did not see or hear. Cram v. Bach, 1 Wis.2d 378, 85 N.W.2d 673 (1957). Section 26.19 states, in pertinent part: "No civil or criminal cases, suits in equity, * * * finding, decree, judgment * * * shall abate, be quashed, set aside, reversed, qualified, dismissed, defeated, or held to be in error because of the changes i...
...cuits, or judge or judges, * *." The legislature originally enacted this section in 1935 as part of the act entitled "An Act Redistricting the State of Florida into Judicial Circuits * * *." Laws of Florida, 1935, Chapter 17085. The clear purpose of Section 26.19 was to obviate the necessity of discontinuance of an action in a case pending when a vacancy existed because of a change in the circuits or judges of the circuit....
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...The authority for a successor judge to replace a judge who is disabled by illness is found in the Florida Appellate Rules, Rule 2.1, subd. a(4) (c), 31 F.S.A., enabling the successor "to perform the duties" of his predecessor. In addition, Florida Statutes § 26.19, F.S.A., provides that no change of judge shall abate, quash, set aside, reverse, qualify, dismiss, defeat or hold in error any judicial proceeding....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal
the city. (Ord. No. 873-A, 12-2-42; Code 1953, § 26-19; Ord. No. 4400, § 1, 3-19-68) Section 6-44. Same
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 1987 WL 1146
...law. Counsel for the plaintiff indicated that the matter had previously been ruled on by Judge Herin and could not be addressed by Judge Klein, as Judge Herin's ruling constituted an order that could not be reversed by a successor judge pursuant to Section 26.19, Florida Statute (1981)....
