Mississippi Supreme Court
Amiker v. Drugs for Less, Inc.
August 17, 2000796 So. 2d 942
Summary
The Mississippi Supreme Court held that a successor judge could not vacate the original trial judge’s orders granting a new trial and imposing discovery sanctions when those decisions depended in part on observations made during the trial. Because the successor judge was in an inferior position to evaluate the evidence and exercise the original judge’s discretion, the court reversed the successor judge’s order, reinstated the original orders, and remanded for further proceedings.