Florida District Courts of Appeal, 2002

L.I.B. v. State

Florida District Courts of Appeal · Decided February 27, 2002 · Davis, Edward, Silberman, Threadgill

811 So. 2d 748; 2002 Fla. App. LEXIS 2028 (Southern Reporter, Second Series)

Cases that cite this one

6 later published cases cite this decision.

Michael Bush v. Secretary, Florida Department of Corrections (11th Cir. 2018)
In re Involuntary Placement of Delgado (Fla. Dist. Ct. App. 2010)
SRJ v. State (Fla. Dist. Ct. App. 2008)
S.R.J. v. State (Fla. Dist. Ct. App. 2008)
Barber v. State (Fla. Dist. Ct. App. 2006)
LIB v. State (Fla. Dist. Ct. App. 2002)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

SILBERMAN, Judge.

L.I.B. seeks review of the circuit court order adjudicating him delinquent. It is undisputed that, through no fault of L.I.B., a transcript of the adjudicatory hearing is unavailable and an adequate record cannot be constructed. The granting of a new trial is a proper remedy when an adequate record cannot be prepared. Delap v. State, 350 So.2d 462, 463 (Fla. 1977). This principle has been applied to juvenile cases. M.R.G. v. State, 576 So.2d 1378, 1378 (Fla. 2d DCA 1991); S.D. v. State, 677 So.2d 861, 861 (Fla. 1st DCA 1995). Therefore, we reverse and remand to the circuit court to conduct a de novo adjudicatory hearing.

DAVIS, J., and THREADGILL, EDWARD F., SENIOR JUDGE, Concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.