Kelly v. State, Department of Health & Rehabilitative Services

Florida District Courts of Appeal
Kelly v. State, Department of Health & Rehabilitative Services, 502 So. 2d 42 (1987)
12 Fla. L. Weekly 321; 1987 Fla. App. LEXIS 6458
Booth, Mills, Thompson

Kelly v. State, Department of Health & Rehabilitative Services

Opinion of the Court

ON MOTIONS TO COMPEL PREPARATION OF TRANSCRIPTS WITHOUT PREPAYMENT OF COSTS

PER CURIAM.

Each appellant has appealed a final order of the appellee entered upon a recommended order of an officer of the Division of Administrative Hearings after a formal hearing pursuant to section 120.57(1), Florida Statutes. Each moved the agency to provide a transcript of the hearing at no cost and each was found to be indigent. The agency refused to prepare the transcripts and the appellants then moved this court to compel the agency to provide them at no cost. We deny the motions of the appellants on authority of Harris v. Department of Corrections, 486 So.2d 27 (Fla. 1st DCA 1986). As we did in Harris and Curran v. Florida Probation and Parole Commission, 498 So.2d 629 (Fla. 1st DCA, 1986), we certify the following to be a question of great public importance:

DOES SECTION 57.081, FLA.STAT., AUTHORIZE OR REQUIRE THAT INDIGENT APPELLANTS IN NONCRIMINAL APPEALS BE PROVIDED WITH TRANSCRIPTS AT NO COST TO THEM?
BOOTH, C.J., and MILLS and THOMPSON, JJ., concur.

Reference

Full Case Name
Catherine KELLY v. STATE of Florida, DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee Annie BAUZELA v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District IX, Palm Beach County, OFR/DPAF, Appellee Delsie WATERS v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District IX, Palm Beach County, OFR/DPAF, Appellee Elizabeth COLLINS v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee Joseph PETITHOMME v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, District IX, Palm Beach County OFR/DPAF, Appellee Michelle LIANA v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES, Appellee Nellie Mae SHEELY v. DEPARTMENT OF HEALTH AND REHABILITATIVE SERVICES
Cited By
2 cases
Status
Published