HENRY T. COYLE, APPELLANT,
v.
WESTERN UNION AND CRAWFORD & COMPANY, APPELLEES
Explore caselaw by topic → Browse Reconstruction Of Record cases and more on FLexlaw
PER CURIAM.
There were two hearings conducted in this worker’s compensation cause, one on March 3, 1988, and a second on July 13, 1988. As a result of those hearings, one final compensation order was entered. In preparing the transcript of the record on appéal, the deputy commissioner determined that the tapes for the July 13 hearing were missing. This court relinquished jurisdiction to the deputy commissioner so that the parties could attempt to reconstruct the record on appeal. The deputy commissioner has now certified to this court that the record of the proceedings contained on the lost tapes cannot be reconstructed.
Appellees now file a motion to limit the new trial to matters raised in the July 13, 1988, hearing. The motion to limit the new trial is denied. The final order of the deputy commissioner is vacated and the cause is remanded for a hearing de novo. Arnold Lumber Company v. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984).
JOANOS, THOMPSON and ZEHMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Jordan v. State, 610 So. 2d 616 (Fla. 1st DCA 1992)…second issue relating to the payment of costs, we note that the state is required to show that a violation of a probation order was willful in order to warrant revocation. Yancey v. State, 547 So. 2d 1040, 1041 (Fla. 1st DCA 1989); Thomas v. State, 542 So. 2d 475, 476 (Fla. 1st DCA 1989). Here, the evidence was insufficient to establish that Jordan willfully refused to pay the monthly costs of supervision in view of the probation officer’s testimony that he was not certain whether he had informed appellant t…
-
Yancey v. State, 547 So. 2d 1040 (Fla. 1st DCA 1989)…participate until satisfactorily discharged in any treatment programs developed for him. The facts contained in the record on appeal do not support a finding that Yancey willfully failed to comply with Condition 9 of his probation. Thomas v. State, 542 So. 2d 475 (Fla. 1st DCA 1989); Scott v. State, 485 So. 2d 40 (Fla.2d DCA 1986). To the contrary, the facts indicate that the mental health center failed to properly evaluate Yancey and to develop a program suitable to his needs, notwithstanding Yancey’s expre…
-
Catala v. Unemployment Appeals Comm'n, 691 So. 2d 517 (Fla. 5th DCA 1997)…ls and the tapes were lost. We accept that explanation. Further, we agree that a lost [*518] or destroyed record when a party is entitled to an appeal, if the record can not be adequately reproduced, mandates a new trial. See Coyle v. Western Union, 542 So. 2d 475 (Fla. 1st DCA 1989). In this case, the Commission determined that the record could not be adequately reconstructed and we affirm that determination. We were concerned, however, by the allegation made in Catala’s brief and at oral argument that: Wh…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Arnold Lumber Co. v. Verner E. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984)