Do Yourself a Favor: Get a Court Reporter at that Impactful Hearing

In a recent article, I discussed a trial court granting a defendant’s motion to discharge a lis pendens. The plaintiff appealed by filing a petition for a writ of certiorari since the discharge of a lis pendens would constitute irreparable harm to support certiorari relief. However, at the hearing with the trial court on the motion to discharge the lis pendens, there was no court reporter. As a result, the appellate court applied the presumption of correctness to the trial court’s ruling: "[T]he transcript is necessary for our review of the issue alleged, particularly when [the defendant] asserts that [the plaintiff's] entitlement...

09 January

0 Comments

Sticky

Do Yourself a Favor: Have a Court Reporter at Important Hearings

Posted by David Adelstein

in Appeal, Trial Perspectives

Make sure to have a court reporter at any substantive hearing, particularly a hearing that could result in an appeal. Here is why. In a slip and fall action, Lago v. Costco Wholesale Corp., 42 Fla. L. Weekly D2599a (Fla. 3d DCA 2017), the trial court granted summary judgment in favor of the defendant. The trial court’s summary judgment order provided NO elaboration or reasoning as to the basis of granting the summary judgment. It was probably a simple order that stated that the defendant’s motion for summary judgment was granted. This does not provide a whole lot of comfort to...