WILLIAMS v. LEBEAU (2008)

District Court of Appeal of Florida,Fifth District.

Darryl WILLIAMS, Appellant, v. Nancy LEBEAU, Appellee.

No. 5D07-238.

Decided: August 29, 2008

Robert L. Sirianni, Jr., of Brownstone, P.A., Winter Park, for Appellant. Nancy Lebeau, St. Cloud, Pro Se.

Darryl Williams appeals an injunction for protection entered against him. We reverse.

Because of a technical problem with the trial court's digital recording equipment, a significant portion of the evidence was not recorded. As a result, through no fault of the parties, the transcript of the proceedings is incomplete. Unfortunately, the missing portions of the transcript are necessary for a complete review of the issues raised on appeal.¹ As a result, we have no alternative but to remand this matter for a new hearing. See Jones v. State, 780 So.2d 218 (Fla. 2d DCA 2001).

REVERSED AND REMANDED.

FOOTNOTES

1. The parties were unable to agree on a statement of the evidence, as authorized by Florida Rule of Appellate Procedure 9.200(b)(4). Additionally, the trial judge was unable to recollect the evidence.

PER CURIAM.

PLEUS, ORFINGER and EVANDER, JJ., concur.

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law