Gay v. Department of State, Division of Licensing

District Court of Appeal of Florida

Gay v. Department of State, Division of Licensing

550 So. 2d 137, 14 Fla. L. Weekly 2356, 1989 Fla. App. LEXIS 5575, 1989 WL 117151

CourtDistrict Court of Appeal of Florida

DecidedOctober 6, 1989

DocketNo. 89-1277

StatusPublished

This text of 550 So. 2d 137 (Gay v. Department of State, Division of Licensing) 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.

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Gay v. Department of State, Division of Licensing, 550 So. 2d 137, 14 Fla. L. Weekly 2356, 1989 Fla. App. LEXIS 5575, 1989 WL 117151 (Fla. Ct. App. 1989).

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Opinion

PER CURIAM.

Stephen Douglas Gay appeals an agency order that revoked his license as a. repos-sessor. Appellant moved for a relinquishment of jurisdiction, showing that the tape recording of an informal hearing held below had been destroyed and no transcript was or could be prepared. We relinquished jurisdiction and directed the parties to attempt to create a statement of evidence or proceedings, see Rule 9.200(b)(4), Florida Rules of Appellate Procedure. They now advise the court that they cannot agree on the content of such a statement. We find under these circumstances that we must vacate the agency’s order and remand for a proceeding de novo. North Dade Security Ltd. v. Department of State, Division of Licensing, 530 So.2d 1040 (Fla. 1st DCA 1988).

REVERSED.

SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur.

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PER CURIAM.

Stephen Douglas Gay appeals an agency order that revoked his license as a. repos-sessor. Appellant moved for a relinquishment of jurisdiction, showing that the tape recording of an informal hearing held below had been destroyed and no transcript was or could be prepared. We relinquished jurisdiction and directed the parties to attempt to create a statement of evidence or proceedings, see Rule 9.200(b)(4), Florida Rules of Appellate Procedure. They now advise the court that they cannot agree on the content of such a statement. We find under these circumstances that we must vacate the agency’s order and remand for a proceeding de novo. North Dade Security Ltd. v. Department of State, Division of Licensing, 530 So.2d 1040 (Fla. 1st DCA 1988).

REVERSED.

SHIVERS, C.J., and WENTWORTH and WIGGINTON, JJ., concur.

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550 So. 2d 137, 14 Fla. L. Weekly 2356, 1989 Fla. App. LEXIS 5575, 1989 WL 117151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gay-v-department-of-state-division-of-licensing-fladistctapp-1989.

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