Supreme Court of Alabama July 17, 1992, 1901636, 1901806 (Birmingham Retail Center Associates Ltd. v. Eastwood Festival Associates)

lead-opinion

MADDOX, Justice.1

The primary issue presented on these appeals is whether a successor judge, who is the successor judge by reason of his defeating the predecessor judge in an election, should have granted a motion for a new trial where all of the evidence had been presented ore tenus to the predecessor judge and the predecessor judge had made findings of fact.