D.W., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
D.W., A CHILD, APPELLANT,
STATE OF FLORIDA, APPELLEE
667 So. 2d 920
Florida District Court of Appeal, First District (1996)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
No recording of the hearing in this cause is available because of a malfunction in the recording equipment. The parties have been unsuccessful in their attempt to reconstruct the record and the trial court has so certified. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So. 2d 462 (Fla.1977). This principle has been deemed applicable to juvenile cases. J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995); M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991). Accordingly, we REVERSE and REMAND for a new trial.
WOLF, BENTON and VAN NORTWICK, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
M.T. v. Dep't of Health & Rehabilitative Servs., 680 So. 2d 1118 (Fla. 1st DCA 1996)…the trial judge has certified that no adequate substitute for a transcript can be made. Accordingly, we find that the final order must be reversed and the cause remanded for a new hearing. See R.T. v. Department of Health & Rehabilitative Services, 667 So. 2d 920 (Fla. 1st DCA 1996). REVERSED AND REMANDED. BARFIELD, C.J., BOOTH and VAN NORTWICK, JJ., concur.…
Authorities Cited
- Delap v. State, 350 So. 2d 462 (Fla. 1977)
- M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991)
- J.W. v. State, 667 So. 2d 207 (Fla. 1st DCA 1995)
- Garnel D. Rackley v. State, 667 So. 2d 207 (Fla. 1st DCA 1995)