Opinion
No. 80-120.
October 22, 1980.
Appeal from Circuit Court, Orange County, Frederick T. Pfeiffer, Judge.
Louis Vernell, pro se.
Stephen M. Stone, Orlando, and William J. Berger, Miami, for appellee.
ON MOTION TO REMAND FOR NEW TRIAL
Appellant filed a notice of appeal from a final judgment. Subsequently it was discovered that the stenographic notes of the trial court proceedings were lost. The parties were unable to agree on a stipulated statement of the proceedings pursuant to Florida Rules of Appellate Procedure 9.200(b)(3). Therefore the final judgment appealed from is vacated and this cause is remanded for a new trial on the merits.
REMANDED.
DAUKSCH, C.J., and ORFINGER, J., concur.