RUTH GORDON, APPELLANT,
v.
RALPH BURKE, APPELLEE
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The appellate court must affirm when the record is inadequate for review.
Appellant appealed a 1976 final judgment, but the trial was not reported and parties could not agree on a stipulated statement of facts. A rehearing m…
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BOARDMAN, Acting Chief Judge.
This is an appeal from a final judgment entered in 1976. A timely motion for rehearing was filed but was not ruled on until May 24, 1982, over six years later. We must affirm due to the fact that the record provided to us is wholly inadequate for purposes of appellate review. Apparently, the trial, held in 1976, was not reported, and the parties have been unable to agree on a stipulated statement of facts. Part of the difficulty may be due to the incredible length of time between the filing of the motion for rehearing and the first record indication of any action whatsoever on it, a period only a few days shy of five years. We are constrained to note that appellant’s apparent lack of interest in obtaining a ruling on her motion is unexplained.
It is well settled that an appellate court must make judgments based on the official record before it. The appellant has the duty to demonstrate reversible error in the order or judgment appealed based on the record and the law applicable thereto. If the appellant fails to do so, the appellate court has no alternative but to enter an order of affirmance. Gilson v. Murphy, Fearnley & Yawn, Inc., 151 So. 2d 447 (Fla. 2d DCA 1963).
We also take this opportunity to reiterate that if a case is considered worthy of litigating, it follows that testimony adduced before the trier of fact should be reported and transcribed in order that the appellate court have before it a record for consideration in the event appeal is deemed necessary.
Accordingly, the final judgment appealed is AFFIRMED.
GRIMES and DANAHY, JJ., concur.
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Wright v. Huretta Moss Wright, 431 So. 2d 177 (Fla. 5th DCA 1983)…e statement of evidence does not constitute a complete and adequate record for appellate review. We therefore have no alternative but to affirm the judgment below. We also take this opportunity to reiterate what our sister court in Gordon v. Burke, 429 So. 2d 36 (Fla. 2d DCA 1983) recently observed: if a case is considered worthy of litigating, it follows that the testimony adduced before the trier of fact should be reported and transcribed so that the appellate court could have before it a record for its c…
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BEI v. Harper, 475 So. 2d 912 (Fla. 2d DCA 1985)…ided with a record sufficient to review these points, either by transcript or stipulated statement, we cannot say the trial court erred in awarding damages to the Harpers. See Beasley v. Beasley, 463 So. 2d 1248 (Fla. 5th DCA 1985); Gordon v. Burke, 429 So. 2d 36 (Fla. 2d DCA), petition for review denied, 438 So. 2d 832 (Fla.1983); Starks. Finally, we think it appropriate to reiterate Judge Boardman’s admonition in Gordon. If a case is worthy of litigating, the testimony adduced at trial should be reported…
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In re Guardianship OF Georgina H. Read v. Kenefick, 555 So. 2d 869 (Fla. 2d DCA 1989)…videntia-ry rulings and where a statement of the record has not been prepared, a judgment which is not fundamentally erroneous on its face must be affirmed. Ahmed v. Travelers Indemnity Co., 516 So. 2d 40 (Fla.3d DCA 1987). See also Gordon v. Burke, 429 So. 2d 36 (Fla.2d DCA 1983); Gilson v. Murphy, Fearnley & Yawn, Inc., 151 So. 2d 447 (Fla.2d DCA 1963); Carter v. Carter, 504 So. 2d 418 (Fla. 5th DCA 1987); Conner v. Coggins, 349 So. 2d 780 (Fla. 1st DCA 1977); Lambert v. Lambert, 340 So. 2d 1221 (Fla. 4th…
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- Gilson v. Murphy, 151 So. 2d 447 (Fla. 2d DCA 1963)