EDWARD TOLLIVER

v.

SCOTT M. LOFTIN AND JOHN W. MARTIN, AS TRUSTEES FOR FLORIDA EAST COAST RAILWAY CO.

Citator

Cited By

• Moyer v. Moyer, 114 So. 2d 638 (Fla. 3d DCA 1959)
  …nded protagonists cannot agree upon a statement of the testimony which was not reported. The legislature has provided a method for the inclusion of a statement of testimony by recital in an order of the court.2 Cf. Cleary Bros. Const. Co. v. Phelps, 156 Fla. 461, 24 So. 2d 51. See also Vliet v. Anthony, 119 Fla. 638, 160 So. 663, 664, which although decided under a procedure no longer followed contains the following statement of law which is still applicable: “ * * * It is the duty of a court a quo to perf…
• van Scoyoc v. Verdye Umstad York and Charlotte Paget, 173 So. 2d 483 (Fla. 2d DCA 1965)
  …he parties have not filed briefs. . The Supreme Court affirmed an order denying the defendant a new trial in a civil action because an unofficial stenographer employed by the defendant lost essential notes. Cleary Bros. Constr. Co. v. Phelps, 1945, 156 Fla. 461, 24 So. 2d 51. The decision was predicated upon several factors: (1) the defendant’s failure to exercise due diligence, (2) the defendant’s failure to make any effort to reconstruct the testimony in narrative form, and (3) the fact that the stenogra…
• Turnipseed v. Turnipseed, 158 So. 2d 808 (Fla. 1st DCA 1963)
  …a statement of the testimony which was not reported. The legislature has' provided a method for the inclusion of a statement of testimony by recital in an order of of the court. [F.S. Section 59.15(4), F.S.A.] Cf. Cleary Bros. Const. Co. v. Phelps, 156 Fla. 461, 24 So. 2d 51. See also Vliet v. Anthony, 119 Fla. 638, 160 So. 663, 664, which although decided under a procedure no longer followed contains the following statement of law which is still applicable: “ ‘ * * * It is the duty of a court a quo to pe…