WILLIAM CONYERS, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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This case involves a defendant's motion to compel the court reporter to file a trial transcript. The appellate court appointed a commissioner to take evidence on the motion. The commissioner found that the transcript was eventually filed, rendering the motion moot.
The appellant's motion is denied because the filing of the trial transcript rendered the motion moot.
“Therefore, the matters involved in the appellant's motion before us having become moot, the said motion should be and it is”
This quote establishes the reason for denying the appellant's motion.
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Join FLexlaw to unlock all legal intelligenceThe appellant filed a motion requesting the court reporter to prepare and file the trial transcript. This court appointed a commissioner to take evide…
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ON MOTION TO REQUIRE COURT REPORTER TO PREPARE TRIAL TRANSCRIPT
Upon the appellant’s filing of his motion to require the official deputy court reporter to prepare and file the transcript of the trial proceedings in this cause, this court entered an order.on July 11, 1967, as revised by our order of August 1, 1967, reported in Fla.App., 200 So.2d 821, appointing the sentencing judge as a commissioner to take evidence as to the truth of the allegations of the appellant’s motion, to make findings of fact, and to recommend appropriate action on the motion.
Pursuant to his commission the commissioner duly held an evidentiary hearing and has recently filed in this court his report and a supplemental report, in which he reports, among other things, that the court reporter, eight days after the said hearing, filed the trial transcript which is the subject of the appellant’s motion. This transcript is now lodged in our court file. Therefore, the matters involved in the appellant’s motion before us having become moot, the said motion should be and it is
Denied.
CARROLL, DONALD K., Acting C. J., and RAWLS and JOHNSON, JJ., CONCUR.
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Cited By (16 total)
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Blue v. Weinstein, 381 So. 2d 308 (Fla. 3d DCA 1980)…in dismissing the complaint without giving the defendants leave to amend and by doing so committed reversible error. The defendants were entitled to at least one opportunity to amend and replead their claim. Petterson v. Concrete Construction, Inc., 202 So. 2d 191, 197 (Fla. 4th DCA 1967); Richards v. West, 110 So. 2d 698 (Fla. 1st DCA 1959); [*312] Fouts v. Margules, 98 So. 2d 394 (Fla. 3d DC A 1957). We should note, however, that the error committed was understandable in view of the unfortunate conflict in…
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Concrete Constr., Inc. v. Petterson, 216 So. 2d 221 (Fla. 1968)…ADAMS, Justice. In this case we granted certiorari to review a judgment of the Fourth District Court of Appeal, 202 So. 2d 191. The action was brought to recover damages to a minor child. The essence of the suit charges that: Plaintiff, Bruce Petterson, eleven years old, and a friend entered onto property which was owned by defendants and on which a building was under con…1 / 2
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Cheney v. Dade Cnty., 353 So. 2d 623 (Fla. 3d DCA 1977)…7 So. 2d 211 (Fla. 2d DCA 1969); City of Tampa v. Davis, 226 So. 2d 450 (Fla. 2d DCA 1969). . Romish v. Albo, 291 So. 2d 24 (Fla. 3d DCA 1974); Turner v. Trade-Mor, Inc., 252 So. 2d 383 (Fla. 4th DCA 1971); Petterson v. Concrete Construction, Inc., 202 So. 2d 191, 197 (Fla. 4th DCA 1967); Hunter v. Fairmount House, Inc., 191 So. 2d 92 (Fla. 3d DCA 1966); Richards v. West, 110 So. 2d 698 (Fla. 1st DCA 1959); Fouts v. Margules, 98 So. 2d 394 (Fla. 3d DCA 1957).…
Previewing 3 of 16 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Conyers v. State, 200 So. 2d 821 (Fla. 1st DCA 1967)