SADIE E. BRADLEY JONES, APPELLANT,
v.
ALFONSO L. JONES, APPELLEE
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PER CURIAM.
Appellant’s points on appeal suggest a meritorious cause but consideration thereof require analysis of the testimony presented in the trial court. There was apparently no court reporter present at the hearing. Appellant represents that she has been unsuccessful in attempting to obtain a stipulated statement. She has submitted as a record hand written notes of the trial judge. Although we have authority to dismiss the appeal for lack of a sufficient record or to summarily affirm, we nevertheless are of the view that justice will better be served in this case by affording appellant an opportunity to prepare or have prepared a proper record. There is ample authority for such procedure. See Travelers Insurance Co. v. Agricultural Delivery Service, 262 So. 2d 210 (Fla. 2d DCA 1972); Jackson v. Granger Lumber Co., 275 So. 2d 555 (Fla. 1st DCA 1973); In re Adoption of A. M. L., 297 So. 2d 840 (Fla. 2d DCA 1974). See also Fla.App. Rule 3.6(7) and Fla.R.App.P. 9.200(b)(3) (1977 revision).
Accordingly, appellant is allowed thirty days from date hereof within which to supply this court with an adequate record, failing which the appeal will be dismissed, sua sponte. In the event action of the trial court is required during that period incident to establishing or preparing such record, then jurisdiction is relinquished for that purpose.
BOYER, Acting Chief Judge, and SMITH and BOOTH, JJ., concur.
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Milisav Kutlesic v. Guardianship OF Katia Kutlesic, 566 So. 2d 524 (Fla. 3d DCA 1990)…adequate record within thirty days, this appeal will be dismissed. If action of the trial court is needed within the thirty days to approve and settle a statement of the proceedings, jurisdiction is relinquished for that purpose. See Jones v. Jones, 359 So. 2d 579 (Fla. 1st DCA 1978); In re Adoption of A.M.L., 297 So. 2d 840 (Fla. 2d DCA 1974).…
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State v. Dean and Arlene Christman, 635 So. 2d 94 (Fla. 1st DCA 1994)…1992). While we have authority to summarily affirm for lack of a sufficient record, we find that justice would be better served in this ease by giving the Department an opportunity to prepare a proper statement of the evidence. See Jones v. Jones, 359 So. 2d 579 (Fla. 1st DCA 1978). Accordingly, we relinquish jurisdiction of this case to the trial court for a period of sixty days, in order to permit the Department to submit a proper record. BOOTH and DAVIS, JJ., concur.…
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)
- In re Adoption OF A. M. L., 297 So. 2d 840 (Fla. 2d DCA 1974)