L.I.B. v. State
District Court of Appeal of Florida
1Opinion 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…
2Cases cited3 opinions
- Delap v. StateSupreme Court of Florida · 1977
- M.R.G. v. StateDistrict Court of Appeal of Florida · 1991
- S.D. v. StateDistrict Court of Appeal of Florida · 1995
3Cited by7 opinions
- Bush v. Sec'y, Fla. Dep't of Corr.Court of Appeals for the Eleventh Circuit · 2018
- S.R.J. v. StateDistrict Court of Appeal of Florida · 2008
- Barber v. StateDistrict Court of Appeal of Florida · 2006
- In Re Involuntary Placement of DelgadoDistrict Court of Appeal of Florida · 2010
- LIB v. StateDistrict Court of Appeal of Florida · 2002
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