WILLIE LEE ROPER, JR., APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
PER CURIAM.
By this appeal, the appellant seeks review of an order revoking probation. The parties and the trial court have diligently attempted to reconstruct the record in the trial court, which would be necessary for a determination of this appeal. By appropriate affidavits, they have demonstrated that this cannot be done.
Therefore, the order of revocation here under review be and the same is hereby set aside and vacated. See: Simmons v. State, 200 So. 2d 619 (Fla. 1st D.C.A.1967); Yancey v. State, 267 So. 2d 836 (Fla.4th D.C.A.1972); Fernandez v. State, 292 So. 2d 410 (Fla.3rd D.C.A.1974); Dismukes v. State, 299 So. 2d 133 (Fla.3rd D.C.A.1974).
Reversed and remanded for a new hearing on the affidavit of violation of probation.
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In re Proposed Florida Appellate Rules, 351 So. 2d 981 (Fla. 1977)…the procedures set forth in these rules. Since it is a requirement of rendition that an order be written and filed, this rule supersedes Shevin ex rel. State v. Public Service Comm’n, 333 So. 2d 9 (Fla.1976), and School Bd. of Lee County v. Malbon, 341 So. 2d 523 (Fla. 2d DCA 1977), [*995] to the extent that those decisions assume that reduction of an order to writing is unnecessary for judicial review. This rule is not intended to affect the discretionary nature of direct Supreme Court review of administra…
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Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Elbert Quinton Yancey v. State, 267 So. 2d 836 (Fla. 4th DCA 1972)
- Harris v. Jewett, 200 So. 2d 619 (Fla. 3d DCA 1967)
- Simmons v. State, 200 So. 2d 619 (Fla. 1st DCA 1967)
- Fernandez v. State, 292 So. 2d 410 (Fla. 3d DCA 1974)
- Henley v. City OF Cape Coral, 292 So. 2d 410 (Fla. 2d DCA 1974)
- Harrison v. State, 299 So. 2d 133 (Fla. 2d DCA 1974)