ARNOLD LUMBER COMPANY, APPELLANT,
v.
VERNER E. HARRIS, APPELLEE
PER CURIAM.
Appellant filed a notice of appeal from a final order of the deputy commissioner. Appellant then informed this court, by way of a motion to remand for hearing de novo, that he had been advised by the deputy that the tapes of the hearing had been lost. This motion was denied and the parties were directed to attempt to produce a statement of the evidence pursuant to Rule 9.200(b)(3), Fla.R.App.P. The parties report they have been unable to reconstruct the record. Therefore, the final order of the deputy is vacated and the cause is remanded for a hearing de novo. See Moser v. Department of Labor and Employment Security, 450 So. 2d 582 (Fla. 1st DCA 1984); Vernell v. Edge, Inc., 389 So. 2d 327 (Fla. 5th DCA 1980); Parrish v. Parrish, 389 So. 2d 8 (Fla. 3rd DCA 1980).
WENTWORTH, NIMMONS and ZEH-MER, JJ., concur.
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Cited By (44 total)
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Calvin's Heavy Equip., Inc. v. Kirkland, 699 So. 2d 319 (Fla. 1st DCA 1997)…rtions of testimony. Another court reporter was asked to review the tape of the hearing and agreed that it is impossible to prepare a proper transcript. Accordingly, we reverse and remand the cause for a hearing de novo. Arnold Lumber Co. v. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984). BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.…
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Trammell v. Showell Farms & Liberty Mut. Ins. Co., 613 So. 2d 147 (Fla. 1st DCA 1993)…hearing cannot be prepared and the parties are unable to provide a satisfactory substitute for the transcript. Under these circumstances, we find we must reverse and remand the order on appeal for a hearing de novo. See Arnold Lumber Co. v. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984). JOANOS, C.J., and BOOTH and WOLF, JJ., concur.…
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Citrus Cent. & Prof'l Administrators, Inc. v. Gardner, 543 So. 2d 440 (Fla. 1st DCA 1989)…ng can be prepared and that the parties and the deputy commissioner have been unable to prepare a satisfactory statement of the evidence. Under the circumstances, we must reverse and remand for a hearing de novo. See Arnold Lumber Company v. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984). ERVIN, BOOTH and WENTWORTH, JJ., concur.…
Previewing 3 of 44 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Vernell v. Edge, Inc., 389 So. 2d 327 (Fla. 5th DCA 1980)
- Budagail S. Kirchman v. Kirchman, 389 So. 2d 327 (Fla. 5th DCA 1980)
- Parrish v. Parrish, 389 So. 2d 8 (Fla. 3d DCA 1980)
- Ware v. State, 389 So. 2d 8 (Fla. 3d DCA 1980)
- Moser v. Dep't OF Labor & Emp. Sec., 450 So. 2d 582 (Fla. 1st DCA 1984)
- Goodwin v. State, 450 So. 2d 582 (Fla. 3d DCA 1984)