Broward County v. Mitten

This is an appeal from an order granting a new trial which was signed by one circuit judge after a hearing on the motion therefor had been conducted by another circuit judge. The latter judge had presided over the jury trial involving the parties; and following the hearing on the post-trial mo*815tion, apparently informed both counsel that he intended to order a new trial. Prior to entering such order he was transferred to a different division of the court but remains available as an active circuit judge.1

Under the circumstances it is necessary to reverse and remand with direction that the judge…