Newton v. Lionel Playworld

District Court of Appeal of Florida

Newton v. Lionel Playworld

557 So. 2d 247, 1990 Fla. App. LEXIS 1477, 1990 WL 25961

CourtDistrict Court of Appeal of Florida

DecidedMarch 7, 1990

DocketNo. 89-1686

StatusPublished

This text of 557 So. 2d 247 (Newton v. Lionel Playworld) 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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Newton v. Lionel Playworld, 557 So. 2d 247, 1990 Fla. App. LEXIS 1477, 1990 WL 25961 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

Appellant filed a notice of appeal from a final order of the judge of compensation claims (JCC). Appellant then informed this court, by way of a motion to remand, that the tapes of the final hearing could not be transcribed. Jurisdiction was relinquished for 30 days to allow the parties to prepare a statement of the evidence, pursuant to Rule 9.200(b)(4), Florida Rules of Appellate Procedure.

Appellant now files a motion for remand for trial de novo showing that the parties are unable to reconstruct the record. Ap-pellee has no objection to the motion. The JCC has certified that a statement of the evidence cannot be prepared. Accordingly, the final order of the JCC is vacated and the cause is remanded for a hearing de novo. Arnold Lumber Co. v. Harris, 469 So.2d 786 (Fla. 1st DCA 1984).

ERVIN, WENTWORTH and BARFIELD, JJ., concur.

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PER CURIAM.

Appellant filed a notice of appeal from a final order of the judge of compensation claims (JCC). Appellant then informed this court, by way of a motion to remand, that the tapes of the final hearing could not be transcribed. Jurisdiction was relinquished for 30 days to allow the parties to prepare a statement of the evidence, pursuant to Rule 9.200(b)(4), Florida Rules of Appellate Procedure.

Appellant now files a motion for remand for trial de novo showing that the parties are unable to reconstruct the record. Ap-pellee has no objection to the motion. The JCC has certified that a statement of the evidence cannot be prepared. Accordingly, the final order of the JCC is vacated and the cause is remanded for a hearing de novo. Arnold Lumber Co. v. Harris, 469 So.2d 786 (Fla. 1st DCA 1984).

ERVIN, WENTWORTH and BARFIELD, JJ., concur.

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557 So. 2d 247, 1990 Fla. App. LEXIS 1477, 1990 WL 25961, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newton-v-lionel-playworld-fladistctapp-1990.

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