Montgomery Truck Lines v. Southworth

District Court of Appeal of Florida

Montgomery Truck Lines v. Southworth

550 So. 2d 567, 14 Fla. L. Weekly 2540, 1989 Fla. App. LEXIS 6154, 1989 WL 132581

CourtDistrict Court of Appeal of Florida

DecidedNovember 1, 1989

DocketNo. 89-1262

StatusPublished

This text of 550 So. 2d 567 (Montgomery Truck Lines v. Southworth) 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

Montgomery Truck Lines v. Southworth, 550 So. 2d 567, 14 Fla. L. Weekly 2540, 1989 Fla. App. LEXIS 6154, 1989 WL 132581 (Fla. Ct. App. 1989).

Pincite

Opinion

ON MOTION TO REMAND FOR HEARING DE NOVO

PER CURIAM.

Appellant filed a notice of appeal from a final order of the lower tribunal. The judge of the lower tribunal entered an order which advised the parties that the tape containing the hearing was inaudible and transcription was not possible. Jurisdiction was relinquished for the parties to attempt to produce a statement of the evidence pursuant to Rule 9.200(b)(4), Florida Rules of Appellate Procedure.

The parties report they have been unable to reconstruct the record and the judge has certified that a statement of the evidence cannot be prepared. Therefore, the final order is vacated and the cause is remanded for a hearing de novo. Arnold Lumber Company v. Harris, 469 So.2d 786 (Fla. 1st DCA 1984).

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

Free access — add to your briefcase to read the full text and ask questions with AI