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Appeals court hears clash over successor judge’s authority and whether case is moot after agreed parenting plan
Summary
Attorneys for Gina Bloom and the respondent debated whether a successor judge may enter findings based on a predecessor’s trial record and whether the appeal is moot because the parties later entered an agreed parenting plan that incorporates those findings.
An appellate panel on the oral-argument calendar heard competing legal arguments over whether a successor judge lacked authority to enter new findings of fact on remand and whether the appeal is moot because the parties later entered an agreed parenting plan.
Risham Nassar, attorney for appellant Gina Bloom, told the court that "it is well settled that a successor judge is without power to enter findings of fact on the basis of testimony heard by the predecessor judge." Nassar argued the successor judge here "went into the trial record" and issued findings based on what she read, which Nassar said improperly allowed the judge to "cherry pick" parts of the paper record rather than hold a…
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