DRS. BERMAN, WEIL & SNYDER, P.A., D/B/A ORAL AND MAXILLOFACIAL SURGERY ASSOCIATES, PETITIONERS,
v.
STANLEY STURMAN AND THELMA STURMAN, RESPONDENTS
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The Fourth District Court of Appeal quashed the circuit court's reversal order because the circuit court lacked an adequate record—the respondents failed to submit a proposed statement of evidence to the trial court for settlement and approval as required by the Florida Rules of Appellate Procedure.
A circuit court sitting in appellate capacity cannot reverse a trial court judgment without an adequate record, including a properly settled statement of evidence submitted to the trial court for approval.
[1] A circuit court sitting in appellate capacity cannot reverse a trial court judgment without an adequate record, and a statement in lieu of transcript must be submitted to…
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Join FLexlaw to unlock all legal intelligenceThe circuit court reviewed a county court judgment in a case involving attorneys' fees and costs, but the record consisted only of a statement of clai…
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HERSEY, Chief Judge.
We grant the petition for writ of certiorari and quash the order under review. The circuit court, sitting in its appellate capacity, ordered a new trial of all issues before a county court judge other than the Honorable J. Bart Budetti. The difficulty is that the circuit court had before it only the statement of claim, affidavits as to attorneys’ fees and costs, final judgment, order awarding attorneys’ fees, and notice of appeal. This was a woefully inadequate basis upon which to enter a reversal. Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979). Respondents urge that they prepared a statement in lieu of a transcript and served it on petitioners, who did not cooperate by either agreeing or objecting to it. However, they did not go far enough. They failed to submit the proposed statement of evidence to the lower tribunal for settlement and approval. See Fla.R.App.P. 9.200(b)(3). The burden was theirs to furnish a record; they did not meet that burden. Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980); Kuenstler v. Andreasen, 386 So. 2d 896 (Fla. 1st DCA 1980).
On remand the respondents should be given further opportunity to build a record for review by the circuit court pursuant to rule 9.200(f)(2), Florida Rules of Appellate Procedure.
CERTIORARI GRANTED.
HURLEY and BARKETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Thomas v. Thomas, 498 So. 2d 668 (Fla. 5th DCA 1986)…l be available to the appellate court. It was not intended to cure inadequacies in the record which are the result of a party’s failure to make a record during proceedings in the trial court. The case of Drs. Berman, Weil & Snyder, P.A. v. Sturman, 474 So. 2d 6 (Fla. 4th DCA 1985), relied upon by the appellant, is distinguishable. It concerned a circuit court appellate review of action by a county court with an inadequate record basis to do so. The appellants there had partially complied with the requireme…
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Lott v. Todd, 720 So. 2d 620 (Fla. 1st DCA 1998)…PER CURIAM. AFFIRMED. See, e.g., Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1980); Lee v. Lee, 544 So. 2d 1083 (Fla. 1st DCA 1989); Drs. Berman, Weil & Sny [*621] der, P.A. v. Sturman, 474 So. 2d 6 (Fla. 4th DCA 1985). MINER and LAWRENCE, JJ., and MeDONALD, PARKER LEE, Senior Judge, concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Kauffmann v. Baker, 392 So. 2d 13 (Fla. 4th DCA 1980)
- Kuenstler v. Arland M. Andreasen, 386 So. 2d 896 (Fla. 1st DCA 1980)