NUZHAT AHMED, APPELLANT,
v.
TRAVELERS INDEMNITY CO., SUBROGEE FOR DIANE NICKERSON AND MARK NICKERSON, APPELLEE
NUZHAT AHMED, APPELLANT,
TRAVELERS INDEMNITY CO., SUBROGEE FOR DIANE NICKERSON AND MARK NICKERSON, APPELLEE
516 So. 2d 40
Florida District Court of Appeal, Third District (1987)
Caution
Cited by 61 cases
Opinion of the Court
PER CURIAM.
An appellant has the burden to present a record that will overcome the presumption of the correctness of the trial court’s findings. Dade County Bd. of Pub. Instruction v. Foster, 307 So. 2d 502 (Fla. 3d DCA 1975). Where there is no record of the testimony of witnesses or of evidentiary rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed. See Thomas v. Thomas, 498 So. 2d 668 (Fla. 5th DCA 1986); Damkohler v. Damkohler, 336 So. 2d 1243 (Fla. 4th DCA 1976).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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de Clements v. de Clements, 662 So. 2d 1276 (Fla. 3d DCA 1995)…dings are correct. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); McNair v. Pavlakos/McNair Dev. Co., 576 So. 2d 933 (Fla. 5th DCA 1991); Boylan v. Boylan, 571 So. 2d 580 (Fla. 4th DCA 1990); Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987). However, the majority now places this financial burden on the Master, and consequently, the county who finances the Masters. In all likelihood, this is an additional financial burden that the county may not be willing, nor able,…
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Zarate v. Deutsche Bank Nat'l Tr. Co., 81 So. 3d 556 (Fla. 3d DCA 2012)…ry rulings, and where a statement of the record has not been prepared pursuant to Florida Rule of Appellate Procedure 9.200(a)(3) or (b)(3), a judgment which is not fundamentally erroneous on its face must be affirmed. Ahmed v. Travelers Indem. Co., 516 So. 2d 40, 40 (Fla. 3d DCA 1987). Here, in the absence of a record of the summary judgment hearing, we must assume that the trial court’s order was correctly decided. The record is devoid of any evidence to contradict the appropriateness of foreclosure, and…
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Filmore Chaiken and Robert T. Tenen v. Suchman, 694 So. 2d 115 (Fla. 3d DCA 1997)…e defendant argues that because there is no transcript of the hearing on the motion for attorney’s fees, this Court must affirm. See Southeast Bank, N.A. v. David A Steves, P.A., 552 So. 2d 292, 293 (Fla. 2d DCA 1989); Ahmed v. Travelers Indem. Co., 516 So. 2d 40 (Fla. 3d DCA 1987); E.H. Dev., Inc. v. Kelly Tractor Co., 501 So. 2d 1301 (Fla. 4th DCA 1986). Without a transcript, appellate courts cannot usually determine what issues were either raised or argued by the parties during a proceeding. As such, the…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Damkohler v. Heidi Damkohler (Pollmann), 336 So. 2d 1243 (Fla. 4th DCA 1976)
- Dade Cnty. Bd. OF Pub. Instruction & the Cont'l Ins. Co. v. Foster, 307 So. 2d 502 (Fla. 3d DCA 1975)
- Thomas v. Thomas, 498 So. 2d 668 (Fla. 5th DCA 1986)