Long v. State

District Court of Appeal of Florida

Long v. State

483 So. 2d 872, 11 Fla. L. Weekly 518, 1986 Fla. App. LEXIS 6693

CourtDistrict Court of Appeal of Florida

DecidedFebruary 27, 1986

DocketNo. BG-139

StatusPublished

Cited by1 cases

This text of 483 So. 2d 872 (Long 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.

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Long v. State, 483 So. 2d 872, 11 Fla. L. Weekly 518, 1986 Fla. App. LEXIS 6693 (Fla. Ct. App. 1986).

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Opinion

ON MOTION FOR SUMMARY REVERSAL FOR A NEW TRIAL

PER CURIAM.

By a previous opinion of this court, Long’s petition for habeas corpus seeking a belated appeal was granted. Long v. Wainwright, 474 So.2d 7 (Fla. 1st DCA 1985). By uncontested affidavits, petitioner has demonstrated that the original court file cannot be located and that the court reporter has lost her stenographic notes of the trial. Under these circumstances, we find that petitioner’s judgments and sentences must be reversed and remanded for a new trial. Delap v. State, 350 So.2d 462 (Fla.1977); Lipman v. State, 428 So.2d 733 (Fla. 1st DCA 1983). Respondent argues that the doctrine of laches bars relief, but that contention was presented before and rejected by our prior opinion. The inapplicability of laches is therefore law of the case. See Long, 474 So.2d at 8, n. 1.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.

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ON MOTION FOR SUMMARY REVERSAL FOR A NEW TRIAL

PER CURIAM.

By a previous opinion of this court, Long’s petition for habeas corpus seeking a belated appeal was granted. Long v. Wainwright, 474 So.2d 7 (Fla. 1st DCA 1985). By uncontested affidavits, petitioner has demonstrated that the original court file cannot be located and that the court reporter has lost her stenographic notes of the trial. Under these circumstances, we find that petitioner’s judgments and sentences must be reversed and remanded for a new trial. Delap v. State, 350 So.2d 462 (Fla.1977); Lipman v. State, 428 So.2d 733 (Fla. 1st DCA 1983). Respondent argues that the doctrine of laches bars relief, but that contention was presented before and rejected by our prior opinion. The inapplicability of laches is therefore law of the case. See Long, 474 So.2d at 8, n. 1.

THOMPSON, ZEHMER and BAR-FIELD, JJ., concur.

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483 So. 2d 872, 11 Fla. L. Weekly 518, 1986 Fla. App. LEXIS 6693, Counsel Stack Legal Research, https://law.counselstack.com/opinion/long-v-state-fladistctapp-1986.

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