Florida District Courts of Appeal, 1996

Austin v. State

Austin v. State
Florida District Courts of Appeal · Decided February 7, 1996 · Miner, Nortwick, Wolf
667 So. 2d 917; 1996 Fla. App. LEXIS 887; 1996 WL 47689 (Southern Reporter, Second Series)

Austin v. State

Opinion of the Court

PER CURIAM.

No transcript of the trial in this case is available because the court reporter has died and her notes cannot be located. The parties have been unsuccessful in their attempt to reconstruct the record and the trial court has so certified. The granting of a new trial is the proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462 (Fla. 1977). Accordingly, we REVERSE and REMAND for a new trial.

MINER, WOLF and VAN NORTWICK, JJ., concur.

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