Interest of J.E. v. State, 404 So. 2d 845 (Fla. 5th DCA 1981). · Go Syfert
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Interest of J.E. v. State, 404 So. 2d 845 (Fla. 5th DCA 1981). Cases Citing This Book View Copy Cite
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The right of appeal is not frustrated by a failure in the court-provided electronic reporting system to preserve a complete record of proceedings.

Appellants seek to set aside a juvenile delinquency adjudication because tapes from the electronically recorded hearing were mislaid or erased, preventing the creation of a complete record. The court addresses whether the right of appeal is frustrated by the failure of the court-provided electronic reporting system. Applying the statutory right of appeal and the rule requiring public expense for recording proceedings, the court holds that the absence of tapes is not the fault of the appellants. Because the available transcript does not support the adjudication, the court concludes that the right of appeal should not be frustrated by the system's fault and that a new hearing is warranted.

7 citation events across 2 distinct courts.
Strongest positive: Kelly v. State, 685 So. 2d 1314 (Fla. 2d DCA 1996)
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q1 “right of appeal should not be frustrated because of some fault in the electronic reporting system provided by the court.”0 citing cases2 citing courts quote it
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    In the Interest of J.E., a Juvenile, and J.E., a Juvenile
    v.
    STATE of Florida
    Nos. 81-160, 81-161.
    District Court of Appeal of Florida, Fifth District.
    Oct 14, 1981.
    Published opinion
    404 So. 2d 845
    1981 Fla. App. LEXIS 21378
    James B. Gibson, Public Defender, and Lyle R. Hitchens, Asst. Public Defender, Daytona Beach, for appellants., Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Dayto-na Beach, for appellee.
    Cowart, Dauksch, Orfinger.
    Cited by 4 opinions  |  Published

    ON MOTION FOR REMAND FOR NEW EVIDENTIARY HEARING

    ORFINGER, Judge.

    Appellants request that we set aside the adjudication of delinquency and remand this cause for a new evidentiary hearing because some of the tapes of the electronically reported adjudicatory hearing held January 28, 1981, have been mislaid or erased, and neither the parties nor the trial court can reconstruct the record of proceedings under Florida Rule of Appellate Procedure 9.200(b)(3).

    Section 39.14, Florida Statutes (1979), gives appellants a statutory right of appeal. Florida Rule of Judicial Administration 2.070 requires that all criminal and juvenile proceedings be recorded at public expense, and that rule also permits electronic recording of the proceedings. It is contemplated that the entire record of the proceedings will be available for transcription to an appellant who desires to appeal a conviction or an adjudication of delinquency. The absence of the tapes from which a complete record of proceedings can be made is not the fault of appellants here. Their right of appeal should not be frustrated because of some fault in the electronic reporting system provided by the court. The portion of the transcript which is available does not, in itself, support the adjudication of delinquency, so a new hearing is warranted.

    The adjudication of delinquency is set aside and the cause is remanded for a new adjudicatory hearing.

    Adjudication SET ASIDE, cause REMANDED.

    DAUKSCH, C. J., and COWART, J., concur.