DAVALOS v. DAVALOS

No. 91-444.

592 So.2d 1171 (1992)

Julio A. DAVALOS, Appellant, v. Katherine L. DAVALOS, Appellee.

District Court of Appeal of Florida, Third District.

January 14, 1992.


Attorney(s) appearing for the Case

Ignacio Siberio, Miami, for appellant.

Blaire & Cole, Stephanie L. Mullins and Teri J. Gastelle, Miami, for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.


FERGUSON, Judge.

A rather novel issue is presented: Whether a successor judge, hearing a motion for rehearing in a dissolution proceeding on the single issue of the wife's right to relocate with the minor children, may conduct a de novo hearing and reverse on the relocation issue where the judge who entered the original judgment also granted the motion for rehearing and, because he would be unavailable to rehear the case, assigned it to the successor judge.

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