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895 So. 2d 1240

Porter v. State

District Court of Appeal of Florida · decided 2005-03-02

Cited by 1 later decisions — most recently June 2005

1 state decisions

Relies on 697 So. 2d 504 - Amendments to Rules of Judicial Administration · State v. May · 687 So. 2d 315 - Sanford v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-03-02

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SHAHOOD, J.

¶1The primary issue in this case is whether a successor judge can, as in this case, deny a motion for a new trial based upon the verdict being against the weight of the evidence or a determination of the credibility of witnesses. We hold that the successor judge, due to the unavailability of the original judge, should have granted appellant’s motion for a new trial based on Sanford v. State, 687 So.2d 315 (Fla. 3d DCA), rev. denied, 697 So.2d 512 (Fla.1997), and State v. May, 703 So.2d 1097 (Fla. 2d DCA 1997).

¶2Because we are reversing for a new trial, we decline to address the two additional issues raised by appellant.

¶3REVERSED AND REMANDED FOR A NEW TRIAL.

FARMER, C.J., and TAYLOR, J., concur.
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