CALVIN'S HEAVY EQUIPMENT, INC. AND AUTO OWNERS INSURANCE COMPANY, APPELLANTS,
v.
DWIGHT JEROME KIRKLAND, APPELLEE

Fla. 1st DCA | 1997-09-18
No. 96-3523
BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.
699 So. 2d 319 Florida District Court of Appeal, First District (1997) Positive Treatment
Cited by 29 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

The transcript of the final hearing in this workers’ compensation proceeding contains over 400 instances where the court reporter was unable to transcribe portions of testimony. Another court reporter was asked to review the tape of the hearing and agreed that it is impossible to prepare a proper transcript. Accordingly, we reverse and remand the cause for a hearing de novo. Arnold Lumber Co. v. Harris, 469 So. 2d 786 (Fla. 1st DCA 1984).

BARFIELD, C.J., and KAHN and DAVIS, JJ., concur.


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  • Yisrael v. State, 993 So. 2d 952 (Fla. 2008)
    …ent, thus had the burden of supplying a proper predicate to admit this evidence under an exception to the rule against hearsay. See § 90.802, Fla. Stat. (2004) (“Except as provided by statute, hearsay evidence is inadmissible.”); Lowenthal v. State, 699 So. 2d 319, 320 (Fla. 2d DCA 1997) (“[T]he state must furnish proof of ... the date that the defendant was released from prison imposed for the last felony conviction .... ”); § 775.084(3)(a)(4), Fla. Stat. (2001) (mandating a preponderance-of-the-evidence sta…
  • Bain v. State, 730 So. 2d 296 (Fla. 2d DCA 1999)
    …for Bain’s conviction for grand theft, and remand for resentencing. Because Bain failed to object to the habitual offender sentence, on remand we permit the State to again attempt to qualify him as a habitual felony offender. See Lowenthal v. State, 699 So. 2d 319 (Fla. 2d DCA 1997). We certify that this decision presents the following questions of great public importance: 1. IS THE CRIMINAL APPEAL REFORM ACT OF 1996, SECTION 924.051, FLORIDA STATUTES (SUPP.1996), AN ATTEMPT TO AFFECT THE JURISDICTION OF AP…
  • Boyd v. State, 776 So. 2d 317 (Fla. 4th DCA 2001)
    …ord evidence of the date of the current felony offense, the date of the conviction for the last prior felony, and the date the defendant was released from any prison term or supervision imposed for the last felony conviction. See Lowenthal v. State, 699 So. 2d 319, 320 (Fla. 2d DCA 1997). The offense in this case was committed on June 3, 1999. Therefore, the state was required to prove that appellant was convicted of a felony or released from prison on a felony conviction after June 3, 1994. In Lowenthal, a…

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