L.I.B., APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• S.R.J. v. State, 997 So. 2d 498 (Fla. 5th DCA 2008)
  …o ability to review any portion of the adjudicatory proceeding on appeal, no meaningful appellate review can occur in this case. See Delap v. State, 350 So. 2d 462 (Fla.1977); Williams v. Lebeau, 988 So. 2d 1276 (Fla. 5th DCA 2008); L.I.B. v. State, 811 So. 2d 748 (Fla. 2d DCA 2002). Therefore, we reverse and remand with directions that the trial court conduct a de novo violation of probation hearing. REVERSED and REMANDED. TORPY, LAWSON and EVANDER, JJ., concur.…
• Barber v. State, 917 So. 2d 1037 (Fla. 3d DCA 2006)
  …ctions and sentence, and remand for a new trial. As the parties have properly conceded in their stipulated motion, the defendant is entitled to a new trial because their attempt to reconstruct the record of the trial was futile. See L.I.B. v. State, 811 So. 2d 748, 748 (Fla. 2d DCA 2002)(holding that “[t]he granting of a new trial is a proper remedy when an adequate record cannot be prepared” through no fault of the defendant); Blasco v. State, 680 So. 2d 1052, 1052-53 (Fla. 3d DCA 1996)(holding that defendan…
• In re Involuntary Placement of Damian A. Delgado. Damian A. Delgado v. State, 24 So. 3d 1292 (Fla. 2d DCA 2010)
  …cannot be reconstructed. In a situation such as this, when an adequate record is unavailable and cannot be recreated, the appropriate remedy is to afford the appellant a new trial. See Delap v. State, 350 So. 2d 462, 463 (Fla.1977); L.I.B. v. State, 811 So. 2d 748, 748 (Fla. 2d DCA 2002); M.R.G. v. State, 576 So. 2d 1378, 1378 (Fla. 2d DCA 1991). Accordingly, the Order for Involuntary Placement filed October 1, 2009, is reversed, and this cause is remanded for a new trial. KHOUZAM, CRENSHAW, and MORRIS, J…

Authorities Cited

• Delap v. State, 350 So. 2d 462 (Fla. 1977)
• M.R.G. v. State, 576 So. 2d 1378 (Fla. 2d DCA 1991)
• S.D. v. State, 677 So. 2d 861 (Fla. 1st DCA 1995)