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WILLIAMS v. LEBEAU

District Court of Appeal of Florida, Fifth District.
Aug 29, 2008

PER CURIAM.

Darryl Williams appeals an injunction for protection entered against him. We reverse.

Because of a technical problem with the trial court's digital recording equipment, a significant portion of the evidence was not recorded. As a result, through no fault of the parties, the transcript of the proceedings is incomplete. Unfortunately, the missing portions of the transcript are necessary for a complete review of the issues raised on appeal. As a result, we have no alternative but to remand this matter for a new hearing. See Jones v. State, 780 So.2d 218 (Fla. 2d DCA 2001).

The parties were unable to agree on a statement of the evidence, as authorized by Florida Rule of Appellate Procedure 9.200(b)(4). Additionally, the trial judge was unable to recollect the evidence.

REVERSED AND REMANDED.

PLEUS, ORFINGER and EVANDER, JJ., concur.