Filed: Dec. 10, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D16-4960 _ SAMUEL C. GOLDEN, Appellant, v. ESTATE OF HANS G. TANZLER, JR., Appellee. _ On appeal from the Circuit Court for Duval County. Peter L. Dearing, Judge. December 10, 2018 PER CURIAM. In Burdoo v. Plympton, this court held that “[a] court reversibly errs when a prisoner requests to appear telephonically[] and the court fails to issue an order directed to the Department of Corrections requiring the prisoner to appear telephonically.”
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D16-4960 _ SAMUEL C. GOLDEN, Appellant, v. ESTATE OF HANS G. TANZLER, JR., Appellee. _ On appeal from the Circuit Court for Duval County. Peter L. Dearing, Judge. December 10, 2018 PER CURIAM. In Burdoo v. Plympton, this court held that “[a] court reversibly errs when a prisoner requests to appear telephonically[] and the court fails to issue an order directed to the Department of Corrections requiring the prisoner to appear telephonically.” ..
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D16-4960
_____________________________
SAMUEL C. GOLDEN,
Appellant,
v.
ESTATE OF HANS G. TANZLER,
JR.,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
Peter L. Dearing, Judge.
December 10, 2018
PER CURIAM.
In Burdoo v. Plympton, this court held that “[a] court
reversibly errs when a prisoner requests to appear telephonically[]
and the court fails to issue an order directed to the Department of
Corrections requiring the prisoner to appear telephonically.” 219
So. 3d 170, 171 (Fla. 1st DCA 2017); accord Havenner v.
Hutchinson,
162 So. 3d 1113, 1114 (Fla. 1st DCA 2015). In this
case, that is what happened.
REVERSED.
ROBERTS, RAY, and WINSOR, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Samuel C. Golden, pro se, Appellant.
Hans G. Tanzler, III, as Personal Representative of the Estate of
Hans G. Tanzler, Jr., pro se, Appellee.
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