Punales v. Punales

Victor and Heather Puñales sought the dissolution of their marriage in the Fifteenth Judicial Circuit. Judge Ronald Alvarez presided over the trial. A Final Judgment of Dissolution of Marriage was entered, but due to Judge Alvarez’s unavailability, the judgment was signed by Senior Judge Howard H. Harrison. Judge Harrison did not hear evidence in the case and apparently did not review evidence or transcripts before entering the judgment.

Generally, “a successor judge may not enter an order or judgment based upon evidence heard by the predecessor.” Beattie v. Beattie, 536 So.2d 1078, 1079 (Fla.…