¶1L.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 court to conduct a de novo adjudicatory hearing.
811 So. 2d 748
L.I.B. v. State
District Court of Appeal of Florida
Decided February 27, 2002
District Court of Appeal of Florida · decided 2002-02-27
Cited by 5 later decisions — most recently April 2018
1 federal appellate · 4 state decisions
Key passage — most relied on by later courts
“[t]he granting of a new trial is a proper remedy when an adequate record cannot be prepared”
quoted by 1 later decision, including Barber v. State
Relies on 350 So. 2d 462 - Delap v. State · MRG v. State · Willis v. Boggess
Good law ✅— No negative treatment on recordhow we know
Decided 2002-02-27
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