STEVEN RICHARD CRONIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE; DENNIS MCCURDY, APPELLANT, V. STATE OF FLORIDA, APPELLEE

Fla. | 1978-12-14
Nos. 52838, 52839
ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.
366 So. 2d 402 Florida Supreme Court (1978) Positive Treatment
Cited by 16 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on the authority of Linville v. State, 359 So. 2d 450 (Fla.1978).

ENGLAND, C. J., and ADKINS, BOYD, OVERTON, SUNDBERG, HATCHETT and ALDERMAN, JJ., concur.


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  • Smith v. State, 372 So. 2d 86 (Fla. 1979)
    …2d DCA 1977). . Smith v. State, 359 So. 2d 42 (Fla. 2d DCA 1978). . On pages 26-27 in the transcript of the Richardson hearing, the trial judge notes the difficulty in attempting to “reconstruct accurately the events at trial. .In Haist v. Scarp, 366 So. 2d 402 (Fla.1978), employing much of the same reasoning found in this opinion, we held that a trial judge was not required to hold a post-trial hearing for the purpose of establishing a record on appeal. . (j) Sanctions. (1) If, at any time during the co…
  • Marks v. Delcastillo, 386 So. 2d 1259 (Fla. 3d DCA 1980)
    …s unable to resolve the controversy.14 Since the appellants have therefore failed to carry their burden of showing otherwise in the record, we are thus compelled to presume that the testimony now in issue was not in fact objected to. Haist v. Scarp, 366 So. 2d 402 (Fla.1978); see Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). There is no question that such a failure to object to evidence at the trial precludes appellate review of the propriety of its admission. McSwain v. Howell, 29 Fl…
  • Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980)
    …uate record. The trial court’s admitted inability to independently recollect the proceedings additionally compels this determination. The trial judge is not obliged to transcend his recollection and trial notes to establish a record. Haist v. Scarp, 366 So. 2d 402 (Fla.1978). We have considered the First District’s recent opinion in Kuenstler v. Andreasen, 386 So. 2d 896 (Fla. 1st DCA 1980), and find it inapplicable to this case as appellant herein has never sought this court’s aid to supplement the record.…

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