Agricultural Delivery Service, Inc. v. Travelers Insurance Co.

ON MOTION TO QUASH APPEAL

A prior interlocutory appeal was granted herein and, in an opinion by Chief Judge Pierce (262 So.2d 210), the cause was remanded to the trial court with directions that the record of the trial be perfected and reconstructed. This was deemed necessary because the original trial had not been stenographically reported. Subsequent to our remand, however, the trial judge granted a new trial rather than reconstructing the record and in doing so made the following findings:

“1. That the Court has no independent recollection of the testimony of any witnesses at the trial of…