Friedman v. Dade County

Full title: BERT FRIEDMAN, etc., Appellant, vs. DADE COUNTY, et al., Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Sep 8, 1999

No. 98-2175 (Fla. Dist. Ct. App. Sep. 8, 1999)

Opinion

No. 98-2175.

Opinion filed September 8, 1999.

An Appeal from the Circuit Court for Dade County, Dale Ross, Judge; L.T. No. 96-14166.

Lapidus Frankel and Richard L. Lapidus, for appellant.

Robert A. Ginsburg, County Attorney, and Roy Wood, Assistant County Attorney, for appellee.

Before NESBITT, LEVY and GODERICH, JJ.

PER CURIAM.

The plaintiff, Bert Friedman, etc., an official court reporter, appeals from an adverse final judgment denying declaratory relief. We reverse.

When the official court reporter position was abolished in 1995 by Chapter 95-286, § 6, Laws of Florida, the County's duty to pay an official court reporter a supplemental salary, pursuant to Dade County Ordinance No. 11-1 (b), ended. Likewise, the official court reporter's obligation to store the court reporting notes in felony cases for ten years in compliance with Rule 2.075 (e), Florida Rules of Judicial Administration, and Dade County Circuit Court Administrative Order No. 82-13, also ended. Accordingly, the trial court should have granted the plaintiff declaratory relief and directed Friedman to turn the notes over to the County forthwith for storage.

Reversed and remanded with directions.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.