Porter v. Department of Health & Rehabilitative Services

District Court of Appeal of Florida

Porter v. Department of Health & Rehabilitative Services

621 So. 2d 588, 1993 Fla. App. LEXIS 8072, 1993 WL 284673

District Court of Appeal of Florida·Decided July 30, 1993·No. No. 92-2557·Published

Opinion

PER CURIAM.

The order denying appellant benefits, which was appealed to this court, is reversed and this cause is remanded for a new hearing, as it appears appellee is unable to furnish a transcript, contrary to section 120.57(l)(b)7, Florida Statutes (1991). See North Dade Security, Ltd. Corp. v. Department of State, Division of Licensing, 530 So.2d 1040 (Fla. 1st DCA 1988); Van Scoyoc v. York, 173 So.2d 483 (Fla. 2d DCA), cert. denied, 179 So.2d 214 (Fla.1965). Cf., Ariko v. Nicholson, 606 So.2d 435 (Fla. 5th DCA 1992). In the interim, until further proceedings are taken by appellee, and a further hearing is held, appellant’s benefits shall be fully restored.

REVERSED and REMANDED.

COBB, W. SHARP and THOMPSON, JJ., concur.

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PER CURIAM.

The order denying appellant benefits, which was appealed to this court, is reversed and this cause is remanded for a new hearing, as it appears appellee is unable to furnish a transcript, contrary to section 120.57(l)(b)7, Florida Statutes (1991). See North Dade Security, Ltd. Corp. v. Department of State, Division of Licensing, 530 So.2d 1040 (Fla. 1st DCA 1988); Van Scoyoc v. York, 173 So.2d 483 (Fla. 2d DCA), cert. denied, 179 So.2d 214 (Fla.1965). Cf., Ariko v. Nicholson, 606 So.2d 435 (Fla. 5th DCA 1992). In the interim, until further proceedings are taken by appellee, and a further hearing is held, appellant’s benefits shall be fully restored.

REVERSED and REMANDED.

COBB, W. SHARP and THOMPSON, JJ., concur.

Porter v. Department of Health & Rehabilitative Services, 621 So. 2d 588, 1993 Fla. App. LEXIS 8072, 1993 WL 284673 (Fla. Ct. App. 1993).

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