STATE FARM FIRE AND CASUALTY COMPANY, A FOREIGN CORPORATION, APPELLANT,
v.
CHARLES BOYER, CATHERINE BOYER, JOSEPH P. CONBOY, AND GERTRUDE CONBOY, AND SAM M. ABITOL, INDIVIDUALLY, AND MANCHESTER INSURANCE & INDEMNITY COMPANY, APPELLEES; STATE FARM FIRE AND CASUALTY COMPANY, A FOREIGN CORPORATION, PETITIONER, V. CHARLES BOYER, CATHERINE BOYER, JOSEPH P. CONBOY AND GERTRUDE CONBOY, SAM M. ABITOL AND MANCHESTER INSURANCE & INDEMNITY CO., RESPONDENTS
STATE FARM FIRE AND CASUALTY COMPANY, A FOREIGN CORPORATION, APPELLANT,
CHARLES BOYER, CATHERINE BOYER, JOSEPH P. CONBOY, AND GERTRUDE CONBOY, AND SAM M. ABITOL, INDIVIDUALLY, AND MANCHESTER INSURANCE & INDEMNITY COMPANY, APPELLEES; STATE FARM FIRE AND CASUALTY COMPANY, A FOREIGN CORPORATION, PETITIONER, V. CHARLES BOYER, CATHERINE BOYER, JOSEPH P. CONBOY AND GERTRUDE CONBOY, SAM M. ABITOL AND MANCHESTER INSURANCE & INDEMNITY CO., RESPONDENTS
347 So. 2d 126
Florida District Court of Appeal, Fourth District (1977)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
This is an appeal by State Farm Fire and Casualty Company from an order of the trial court denying its request to take the depositions of the appellees’ trial attorneys in order to reconstruct a record of the trial. No court reporter was present at trial. We do not believe, under the circumstances of this case, that it was error for the trial court to deny the appellant’s request. However, our affirmance of the trial court’s order is without prejudice to State Farm to make other efforts to construct a record for appeal. See Jackson v. Granger Lumber Co., 275 So. 2d 555 (Fla. 1st DCA 1973) and Travelers Insurance Co. v. Agricultural Delivery Service, 262 So. 2d 210 (Fla. 2d DCA 1972).
AFFIRMED.
CROSS, ALDERMAN and ANSTEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Melval C. Haist v. Scarp, 351 So. 2d 1120 (Fla. 4th DCA 1977)…ant, who by his own tactic, provides no record whatever. Our affirmance of the trial judge’s order is without prejudice to the appellant to attempt a construction of a record by way of stipulation. See State Farm Fire and Casualty Company v. Boyer, 347 So. 2d 126 (Fla. 4DCA 1977). AFFIRMED. DOWNEY and DAUKSCH, JJ., concur. . We distinguish the First DCA case in that in the latter decision there was a court reporter who had lost her notes through no neglect or omission by the parties. Also, the same point…
Authorities Cited
- The Travelers Ins. Co. v. Agric. Delivery Serv., 262 So. 2d 210 (Fla. 2d DCA 1972)
- Jackson v. Granger Lumber Co., Inc., 275 So. 2d 555 (Fla. 1st DCA 1973)