In State v. Ellis, this Court found that under Rule 25, the most important factor to a successor judges’ ability to function as thirteenth juror is "the extent to which the credibility of one or more material witnesses is actually a significant aspect to the case," and if it is, whether that credibility can be ascertained through reviewing the record. 453 S.W.3d 889, 902-03 (Tenn. 2015). Most indicators of witness credibility can be ascertained through reading the trial transcript.

Cf. State v. Ellis, 453 S.W.3d 889, 907 (Tenn. 2015) (in the context of a de novo review of a trial by a successor judge acting as thirteenth juror, stating that "[w]e reiterate that most components of witness credibility may be determined from the record."); Finney v. Franklin Special Sch. Dist. Bd. of Educ., 576 S.W.3d 663, 680 (Tenn. Ct. App. 2018) (discussing credibility determinations in a de novo appeal under the Teachers' Tenure Act based upon a review of the record). As such, based upon our de novo review, we conclude that the Company's filing of an objectively false statement in two semi-annual reports also supports the trial court's decision to suspend the Company's bonding privileges.

Each case cited by Sloan is missing a critical step that is present here-the appeal of a ruling and the subsequent reversal of such ruling, prior to the determination by the successor judge. See State v. Ellis, 453 S.W.3d 889, 896-97 (Tenn. 2015) (successor judge denied defendant's motion for a new trial prior to defendant's appeal); Pinecrest, LLC &Mastercare, Inc. v. Harris ex rel. Estate of Callendar, 40 So.3d 557, 559-60 (Miss. 2010) (after recusal by trial judge, successor judge was appointed by the appellate court to preside over the remainder of the proceedings; appellate court did not reverse trial judge's rulings prior to successor's appointment); Head v. CSX Transp., Inc., 271 Ga. 670, 670-71 (1999) (appellate court did not become involved until after the successor judge reversed the ruling by the trial judge); Amiker v. Drugs For Less, Inc., 796 So.2d 942, 945, ¶¶ 4-6 (Miss. 2000) (successor judge vacated trial judge's order prior to appellate court's involvement).