JOEL PUGATCH, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
JOEL PUGATCH, APPELLANT,
STATE OF FLORIDA, APPELLEE
560 So. 2d 419
Florida District Court of Appeal, Fourth District (1990)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We relinquished jurisdiction to the trial court for a reconstruction of the record. The trial court has certified that such reconstruction cannot be accomplished. We find merit in appellant’s argument that without a complete transcript of the trial proceedings, or an adequate reconstruction, appellate review would be futile.
Therefore, we reverse and remand this case for a new trial. See Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972); Felton v. State, 523 So. 2d 775 (Pla. 3d DCA 1988).
REVERSED and REMANDED.
ANSTEAD, LETTS and DELL, JJ., concur.
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Ader v. State, 814 So. 2d 461 (Fla. 4th DCA 2001)…ent officer. We affirm his conviction. Howev [*462] er, we reverse appellant’s sentence and remand for further proceedings. The State concedes that due to the lack of a transcript, appellant is entitled to a new sentencing hearing. Pugatch v. State, 560 So. 2d 419 (Fla. 4th DCA 1990); Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972). AFFIRMED IN PART, REVERSED IN PART AND REMANDED. DELL, GUNTHER and TAYLOR, JJ., concur.…
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Shaffer v. Ricci, 603 So. 2d 566 (Fla. 4th DCA 1992)…. In signing the employment contract, Ricci fully performed his part of the oral agreement with Shaffer. When one party to an oral contract fully performs, the statute of frauds defense is no longer available. J.F. Hoff Elec. Co., Inc. v. Goldstein, 560 So. 2d 419 (Fla. 4th DCA 1990); Venditti-Siravo, Inc. v. City of Hollywood, 418 So. 2d 1251, 1253 (Fla. 4th DCA 1982). Thus, we find the agreement enforceable against Shaffer in its entirety. Finally, we return to the matter of Shaffer’s $4,000 payment to Ric…
Authorities Cited
- Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)
- Felton v. State, 523 So. 2d 775 (Fla. 3d DCA 1988)