ROSA MAE THOMAS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant challenged her conviction on appeal after the trial court reporter's notes were illegible and could not be transcribed into a complete trial record. The court held that a verbatim transcript is not a prerequisite to appellate review and permitted the parties to prepare a narrative statement of trial proceedings as an alternative.
A verbatim transcript is not a necessary prerequisite to appellate review. Instead, a summarized narrative statement prepared from counsel's notes, the judge's notes, recollections of participants, and other reliable sources may provide a substantially accurate account of trial rulings and proceedings. The court permitted the appellant to prepare a proposed narrative statement of trial proceedings to be certified by the trial court.
“It is not a necessary prerequisite to appellate review that the record on appeal contain a verbatim transcript of the evidence and events transpiring at the trial. On the contrary, a summarized statement in narrative form may furnish a substantially accurate account of the rulings of the trial judge and the basis on which they were invoked.”
Establishes the core holding that verbatim transcripts are not required for appellate review and that narrative statements are an acceptable alternative.
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Join FLexlaw to unlock all legal intelligenceThe Deputy Court Reporter assigned to report the trial was so inefficient and incompetent that her shorthand notes could not be read or transcribed in…
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The appellant has filed a motion to remand this cause to the trial court with instructions to grant a new trial. The basis of the motion is that the Deputy Court Reporter assigned to report the trial was so inefficient and incompetent that her shorthand notes cannot be read and transcribed and consequently, no accurate record of the trial proceedings including the testimony taken can be prepared. The motion is supported by affidavits of the Official Court Reporter and the attorneys for appellant. The Deputy Court Reporter is no longer available and other competent reporters have attempted to read and transcribe her notes but have been unable to do so.
It is not a necessary prerequisite to appellate review that the record on appeal contain a verbatim transcript of the evidence and events transpiring at the trial. On the contrary, a summarized statement in narrative form may furnish a substantially accurate account of the rulings of the trial judge and the basis on which they were invoked. Such statement may be prepared • from notes kept by counsel; from the judge’s notes; from the recollection of counsel, the judge and witnesses as to what occurred at the trial; and from any and all sources which will contribute to an accurate reflection of the trial proceedings. We also point out that Rule 6.7, subd. f, Florida Appellate Rules 31 F.S.A., provides that the parties may agree upon a condensed statement in narrative form of all or any part of the testimony.
*120Accordingly the appellant is allowed to and including February 24, 1964, within which to prepare and submit to the trial court, serving a copy on the State Attorney for the Ninth Judicial Circuit, a proposed narrative statement of the trial proceedings including the testimony. The State Attorney may, on or before March 16, 1964, file any objections, additions or amendments to such statement as he may deem proper. The trial judge is requested, as expeditiously as possible thereafter, to certify to this Court such narrative statement of evidence and proceedings on trial as may be agreed upon by the appellant and the State Attorney, adding thereto any additional matter of which he may have knowledge in order that such statement may accurately reflect the trial proceedings.
The motion of appellant must therefore be denied. An appropriate order will be entered.
SMITH, C. J., and KANNER and SHANNON, JJ., concur.
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van Scoyoc v. Verdye Umstad York and Charlotte Paget, 173 So. 2d 483 (Fla. 2d DCA 1965)…ring plaintiffs’ extraordinary motion for new trial because of the court’s inability to perfect the record-on-appeal. It appears that the plaintiffs have already complied with the terms of a directive which we gave in Thomas v. State, Fla.App.1964, 160 So. 2d 119, in a similar situation where the reporter was unable to transcribe her notes. After complying with that procedure the plaintiffs here are unable to present to this court a record-on-appeal solely because an official reporter destroyed his notes. We…
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Sandsbury LEE v. State, 165 So. 2d 443 (Fla. 2d DCA 1964)…cently held that it is not necessary that a record on appeal contain a verbatim transcript of the events occurring at the trial. A narrative summary may be sufficient to show the basis of the trial judge’s rulings. See Thomas v. State, Fla.App.1964, 160 So. 2d 119. The second point is one which the appellant raises for the first time on this appeal. Since this question was not considered by the trial court it cannot be considered on appeal. Dewey v. State, 135 Fla. 443, 186 So. 224; and Dukes v. State, 148 F…
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Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)…ication that some effort has been heretofore made to obtain a substitute, agreed or reconstructed record, the effort was not conclusive as we view it. See Rule 6.9(d) and 6.7(f), Florida Appellate Rules, 32 F.S.A., and Thomas v. State, Fla.App.1964, 160 So. 2d 119. We feel thatt he ends of justice will be served by a relinquishment of our jurisdiction to the trial court for a period of 30 days with instructions. We respect [*837] fully instruct that a determined effort be made by counsel and court to reconst…
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