HAROLD D. HAZEN, APPELLANT,
v.
JAMES W. JOHNSON, INC., APPELLEE
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The court denied the motion to dismiss the appeal but granted the motion to strike the appellant's brief.
Appellant failed to timely serve a copy of the court reporter's transcribed notes and failed to include an appendix with his brief. Appellee moved to …
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Appellee James W. Johnson, Inc. moved to dismiss this appeal or in the alternative to strike appellant’s brief or in the alternative to require appellant to furnish the ap-pellee with a copy of the court reporter’s transcribed notes. The record on appeal was prepared and filed with the clerk of the lower court on April 2, 1962. Appellant filed his brief without an appendix and without seasonably furnishing the appellee with a copy of the transcribed notes.
Florida Appellate Rule 3.6, 31 F.S.A., pertains to preparation of the record on appeal. Rule 3.6(j), which sets out the time for performance of the acts with reference to the record, states that service of copies of the reporter’s transcribed notes shall be made within ten days after the original record has been completely prepared and filed with the clerk of the lower court.
The affidavit of appellant’s attorney shows, however, that since the filing of appellee’s motion a copy of the transcribed notes was served on the appellant on March 23, 1962. There being no claim or showing that the appellee was prejudiced in the latter respect and since the notes have in fact been served, thus satisfying appellee’s alternative motion, the motion to dismiss the appeal is denied. On the other hand the appellant’s failure to include an appendix in conjunction with his brief cannot be lightly regarded. The motion to strike appellant’s brief is accordingly granted with leave, however, to file a new brief herein incorporating an appendix with proper references within fifteen days after the entry of this order. Appellant’s oral motion for leave to submit a separate appendix is denied.
KANNER, Acting C. J., and WHITE and SMITH, JJ., concur.
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Belint Papp v. State, 249 So. 2d 82 (Fla. 4th DCA 1971)…te has made no claim or showing of any prejudice resulting from delay in the filing of the transcript; on the contrary, at oral argument, the State affirmatively conceded that it was not prejudiced. See Hazen v. James W. Johnson, Inc., Fla.App.1962, 143 So. 2d 350. Accordingly, certiorari is granted, the trial court’s order of dismissal is quashed and the cause remanded for further proceedings not inconsistent with this opinion. WALDEN, OWEN and MAGER, JJ., concur.…