Hogan & Sons, Inc. v. Birks

The order which is the subject of this appeal was not entered until some 254 days after the final hearing. The order contains numerous factual errors. Given those errors, and the fact that an assessment of the claimant’s credibility was critical to the outcome, I am of the opinion that the order is stale; and that, in the interest of justice, it should be vacated, and the case remanded for a new hearing. E.g., Maddox v. Rinaldi’s Expressway Lanes, 459 So.2d 421 (Fla. 1st DCA 1984) (reversing an order entered five months after the final hearing because the claimant’s credibility was critical…