Smith v. Freeman

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Carman, and Karmeier concurred in the judgment and opinion.

OPINION

In this case, we must determine whether a successor judge may render a decision and enter judgment based on transcripts of testimony and documentary evidence offered at trial before a predecessor judge. Here, the parties agreed by way of stipulation that the successor judge could rule based on the written evidence, rather than conduct a trial de novo. On appeal, the appellate court reversed, holding that the parties’ stipulation was insufficient to satisfy due…