Austin v. State

District Court of Appeal of Florida

Austin v. State

667 So. 2d 917, 1996 Fla. App. LEXIS 887, 1996 WL 47689

CourtDistrict Court of Appeal of Florida

DecidedFebruary 7, 1996

DocketNo. 94-3635

StatusPublished

This text of 667 So. 2d 917 (Austin v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Austin v. State, 667 So. 2d 917, 1996 Fla. App. LEXIS 887, 1996 WL 47689 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

No transcript of the trial in this case is available because the court reporter has died and her notes cannot be located. The parties have been unsuccessful in their attempt to reconstruct the record and the trial court has so certified. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla.1977). Accordingly, we REVERSE and REMAND for a new trial.

MINER, WOLF and VAN NORTWICK, JJ., concur.

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PER CURIAM.

No transcript of the trial in this case is available because the court reporter has died and her notes cannot be located. The parties have been unsuccessful in their attempt to reconstruct the record and the trial court has so certified. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla.1977). Accordingly, we REVERSE and REMAND for a new trial.

MINER, WOLF and VAN NORTWICK, JJ., concur.

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Bluebook (online)

667 So. 2d 917, 1996 Fla. App. LEXIS 887, 1996 WL 47689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/austin-v-state-fladistctapp-1996.

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