Walker v. Florida State Hospital

District Court of Appeal of Florida

Walker v. Florida State Hospital

878 So. 2d 478, 2004 Fla. App. LEXIS 11337, 2004 WL 1697829

CourtDistrict Court of Appeal of Florida

DecidedJuly 30, 2004

DocketNo. 1D03-2056

StatusPublished

This text of 878 So. 2d 478 (Walker v. Florida State Hospital) 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

Walker v. Florida State Hospital, 878 So. 2d 478, 2004 Fla. App. LEXIS 11337, 2004 WL 1697829 (Fla. Ct. App. 2004).

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Opinion

PER CURIAM.

In this workers’ compensation appeal, claimant’s attorney appeals the award of attorney’s fees. Appellant moved for remand to vacate the final order and for a hearing de novo, arguing that the transcript indicated that the first tape had been damaged and was not capable of being transcribed. This court denied the motion as facially insufficient as the parties had not attempted to reconstruct the record.

Appellant has filed a renewed motion for remand and for a hearing de novo. Appellant states that neither the JCC nor the trial attorneys could recreate the missing testimony. As appellees have no objection to remand, the final order of the JCC is hereby vacated and this cause is remanded for a hearing de novo. See Arnold Lumber Company v. Harris, 469 So.2d 786 (Fla. 1st DCA 1984).

WOLF, C.J., DAVIS and HAWKES, JJ., concur.

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PER CURIAM.

In this workers’ compensation appeal, claimant’s attorney appeals the award of attorney’s fees. Appellant moved for remand to vacate the final order and for a hearing de novo, arguing that the transcript indicated that the first tape had been damaged and was not capable of being transcribed. This court denied the motion as facially insufficient as the parties had not attempted to reconstruct the record.

Appellant has filed a renewed motion for remand and for a hearing de novo. Appellant states that neither the JCC nor the trial attorneys could recreate the missing testimony. As appellees have no objection to remand, the final order of the JCC is hereby vacated and this cause is remanded for a hearing de novo. See Arnold Lumber Company v. Harris, 469 So.2d 786 (Fla. 1st DCA 1984).

WOLF, C.J., DAVIS and HAWKES, JJ., concur.

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Bluebook (online)

878 So. 2d 478, 2004 Fla. App. LEXIS 11337, 2004 WL 1697829, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-florida-state-hospital-fladistctapp-2004.

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