Austin v. State

667 So. 2d 917, 1996 Fla. App. LEXIS 887, 1996 WL 47689
Procedural entryThis page is a short order in Austin v. State. Read the opinion of the Court — 699 So. 2d 314
District Court of Appeal of Florida·Decided February 7, 1996·No. No. 94-3635·Published

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

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Related

Delap v. State
350 So. 2d 462 (Supreme Court of Florida, 1977)