No Record, New Trial

Some state court litigators scoff at the need for paying for a court reporter’s presence at trial. But the importance of having an adequate record on appeal cannot be over-emphasized. In some instances, the absence of a record has caused the courts to dismiss an appeal entirely. But the Fifth DCA recently went one step further and ordered a new trial, even though a technological malfunction, not party failure to preserve the record, was to blame for the lack of a transcript.

Practice Lesson: If there is any chance of appealable error — and isn’t there always? — ensure you get a transcript!