Opinion
No. 88-602.
December 27, 1988. Rehearing Denied February 15, 1989.
Appeal from the Circuit Court for Dade County, David L. Levy, J.
Mishan, Sloto Hoffman, P.A., and Julie Feigeles, Miami, for appellant.
Kelley, Drye, Warren, Smathers Thompson and Karen L. Trafford, Miami, for appellees.
Before BARDKULL, BASKIN and JORGENSON, JJ.
The original trial judge in this action entered a final default judgment against Aviation West, Air General Finance Ltd.'s lessee, and a final judgment against Fidelity Deposit Company of Maryland, Air General Finance Ltd.'s surety. The trial judge's action properly conformed to the dictates of section 76.31, Florida Statutes (1987), which requires that simultaneous judgments be entered against the defendant and surety in an attachment action where the defendant defaults following the posting of an attachment forthcoming bond and retaking of property. It was error, therefore, for another trial judge to enter an order granting Air General's subsequent motions to intervene, to discharge principal and surety, and to discharge the attachment. Entry of the order effectively set aside the original final judgments. It has long been the rule that a successor judge "cannot review and reverse on the merits and on the same facts the final orders and decrees of his predecessor." Groover v. Walker, 88 So.2d 312 (Fla. 1956). See also Boeing Co. v. Merchant, 397 So.2d 399 (Fla. 5th DCA 1981) (when final order has been rendered, second judge may not redecide same cause), rev. denied, 412 So.2d 468 (Fla. 1982).
The final order under review is reversed, and the cause is remanded with directions to reinstate the original final judgments.