From Casetext: Smarter Legal Research

Beattie v. Beattie

District Court of Appeal of Florida, Fourth District
Nov 9, 1988
536 So. 2d 1078 (Fla. Dist. Ct. App. 1988)

Summary

In Beattie v. Beattie, 536 So.2d 1078, 1079 (Fla. 4th DCA 1988), the trial judge heard a motion to enforce a marriage dissolution settlement agreement and directed counsel to prepare an order in favor of the movant.

Summary of this case from Carr v. Byers

Opinion

No. 88-1212.

November 9, 1988.

Appeal from the Circuit Court, Broward County, Morton L. Abram, J.

M. Ross Shulmister of Law Offices of M. Ross Shulmister, Fort Lauderdale, for appellant.

Randolph W. Adams, Fort Lauderdale, for appellee Juno Marie Beattie.


The marriage of James and Juno Beattie was dissolved in November, 1983. The judgment contained a property settlement agreement in which James agreed to maintain a life insurance policy on his life for $100,000 naming Juno as irrevocable beneficiary.

Sometime after the dissolution James and Juno became involved in litigation involving other matters. This litigation was settled and an agreement reached where, among other things, the parties agreed that, if the life insurance policy above referred to should lapse for nonpayment of premiums, Juno would have a claim for $100,000 against James's estate after payment of estate expenses.

In February, 1988, Juno filed a motion to enforce the settlement agreement and require James to procure a new $100,000 life insurance policy since the first policy had lapsed as a result of missed premium payments. The matter was heard before a circuit judge, who directed counsel to prepare an order in favor of Juno requiring a policy to be provided. Unfortunately, the trial judge was removed from the bench by the Supreme Court of Florida. Thereafter, a successor judge was assigned to the case and he entered an order in accordance with his predecessor's ruling.

Both parties agree that the existing law of Florida is that a successor judge may not enter an order or judgment based upon evidence heard by the predecessor. Bradford v. Foundation Marine Construction Co., 182 So.2d 447 (Fla. 2d DCA 1966); Anders v. Anders, 376 So.2d 439 (Fla. 1st DCA 1979); Silvern v. Silvern, 252 So.2d 865 (Fla. 3d DCA 1971).

Accordingly, the order appealed from is reversed and remanded for further proceedings, which may include use of a transcript of the evidence adduced before the original judge if the parties so stipulate.

HERSEY, C.J., and WALDEN, J., concur.


Summaries of

Beattie v. Beattie

District Court of Appeal of Florida, Fourth District
Nov 9, 1988
536 So. 2d 1078 (Fla. Dist. Ct. App. 1988)

In Beattie v. Beattie, 536 So.2d 1078, 1079 (Fla. 4th DCA 1988), the trial judge heard a motion to enforce a marriage dissolution settlement agreement and directed counsel to prepare an order in favor of the movant.

Summary of this case from Carr v. Byers
Case details for

Beattie v. Beattie

Case Details

Full title:JAMES SWEETMAN BEATTIE, APPELLANT, v. JUNO MARIE BEATTIE, AND CELEBRITIES…

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 9, 1988

Citations

536 So. 2d 1078 (Fla. Dist. Ct. App. 1988)

Citing Cases

Umscheid v. Umscheid

Any such order or judgment is invalid if based only on a letter from the judge or a pronouncement of how he…

State v. Pablo-Ramirez

See, e.g., Brinkley v. State, 898 So.2d 1175, 1176 (Fla. 2d DCA 2005) ("`[T]he existing law of Florida is…