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    LadyStanwyck's Avatar
    LadyStanwyck Posts: 8, Reputation: 2
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    #1

    Mar 19, 2009, 09:19 AM
    Rules of Appellate Procedure 9.200(b)(4)
    Hello,

    I filed a small claims suit pro se. (Most lawyers I consulted beforehand did not want to represent in small claims.)

    Judge made some very questionable rulings so I am appealing the decision. I had a court reporter at most of the trial. (One questionable ruling - Judge allowed the court reporter to get up and leave in the middle of the hearing. Denied my motion for a continuance to get another court reporter to finish.)

    Sooooo... I only have a transcript up to that point of the hearing.

    I have researched the Rules of Court and found that 9.200(b)(4) of the Rules of Appellate Procedure allows me to "prepare a statement of evidence or proceedings from the best available means, including the appellant's recollection."

    I am then supposed to "serve the statement on the Appellee, who may serve objections or proposed amendments to it within 10 days of service."

    Then it gets sent to the lower tribunal "for settlement and approval"

    At which point it is becomes part of the record.

    Here is my question at last!! :confused:

    When I send this to the opposing counsel, how do they denote "objections or proposed amendments"?

    Do they just write on the copy I sent to them?

    And once it goes to the Judge, how does the Judge "settle and approve it"? Again is it just marked on or does someone re-type it and make notations as to who put what in? Or will it be sent back to me to re-type and submit a final copy "for settlement and approval".

    My only concern is that the Judge has made cynical remarks about having a "different" memory of previous hearings. Thank goodness I had a more professional court reporter at the other hearings. (The Judge's memory differs from the official transcript.):rolleyes:

    Any additional helpful suggestions would be appreciated. This has been quite an educational process.

    I was not a political person before this. But I mostly certainly am now! :)

    J
    LadyStanwyck's Avatar
    LadyStanwyck Posts: 8, Reputation: 2
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    #2

    Mar 19, 2009, 09:32 AM

    By the way, this case is taking place in Florida.

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