CITRUS CENTRAL AND PROFESSIONAL ADMINISTRATORS, INC., APPELLANTS,
v.
ROBERT GARDNER, APPELLEE
CITRUS CENTRAL AND PROFESSIONAL ADMINISTRATORS, INC., APPELLANTS,
ROBERT GARDNER, APPELLEE
543 So. 2d 440
Florida District Court of Appeal, First District (1989)
Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.
Appellants have moved for remand of this appeal, showing that no transcript of the hearing 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.
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Sampson v. Sampson, 566 So. 2d 831 (Fla. 5th DCA 1990)…iling of the cross-appeal is not jurisdictional, there was no motion for leave of court to permit the late filing thus there is nothing of record to explain why the rule should not be enforced. See Dellecese v. Value Rent-a-Car and Cigna and Feisco, 543 So. 2d 440 (Fla. 1st DCA 1989). Appeal REVERSED and the cross-appeal is DISMISSED. PETERSON, J., and McNEAL, R.T., Associate Judge, concur.…
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Citrus Cent. & Prof'l Administrators, Inc. v. Gardner, 569 So. 2d 936 (Fla. 1st DCA 1990)…ier appealed this order, and because the hearing had not been transcribed and the parties and judge could not agree upon a statement of the evidence the order was reversed and the matter remanded for a hearing de novo. See Citrus Central v. Gardner, 543 So. 2d 440 (Fla. 1st DCA 1989). At this hearing de novo the judge indicated that the motion to dismiss would be considered upon argument of counsel as at the prior hearing, and employer/carrier were not allowed to present the testimony of a new witness. Althou…
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Fla. Fish & Wildlife Conservation Comm'n v. McGILL, 823 So. 2d 236 (Fla. 1st DCA 2002)…ission’s desire to obtain appellate review of the ruling concerning the transcript and would have difficulty showing prejudice in opposition to a motion by the Commission for leave to file an untimely cross-appeal. See Dellecese v. Value Rent A Car, 543 So. 2d 440 (Fla. 1st DCA 1989). Finally, in addition to the above, we note that outcome we reach here will avoid the unwieldy situation where this court would be reviewing an interlocutory order issued in a lower tribunal case where the final order from that…
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- Arnold Lumber Co. v. Verner E. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984)