Florida District Courts of Appeal, 1996

Marley Roof Tiles v. Smarr

Marley Roof Tiles v. Smarr
Florida District Courts of Appeal · Decided April 26, 1996 · Allen, Davis, Zehmer
672 So. 2d 633; 1996 Fla. App. LEXIS 4374; 1996 WL 200220 (Southern Reporter, Second Series)

Marley Roof Tiles v. Smarr

Opinion of the Court

PER CURIAM.

In this workers’ compensation case there was an undue delay between the final hearing and entry of the appealed order. Because it cannot be ascertained from the order whether the judge could clearly recall all pertinent aspects of the hearing, and the credibility and testimony of live witnesses was of critical importance, the appealed order is reversed and the case remanded for a de novo hearing. See, e.g., Harrington v. Vida Appliance Corp., 542 So.2d 1006 (Fla. 1st DCA 1988).

ZEHMER, C.J., and ALLEN and DAVIS, JJ., concur.

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