Bexar County Ice Cream Co., Inc. v. Swensen's Ice Cream Co
Bexar County Ice Cream Co., Inc. v. Swensen's Ice Cream Co., 859 S.W.2d 402, 404 (Tex. App.-San Antonio 1993, writ denied), the original judge pronounced judgment orally from the bench but then died before the judgment was reduced to writing. See Swensen's Ice Cream, 859 S.W.2d at 404.
The successor judge not only entered final judgment but also expanded on the earlier pronounced judgment without hearing any additional evidence. Id.
The appellate court, noting that "a judge who has heard no evidence cannot rule on a case," simply treated the additional terms of the judgment entered by the successor as a nullity, relying only on the oral pronouncement from the deceased judge. Id.