RONALD J. KIRCHINGER, APPELLANT,
v.
ALICE A. KIRCHINGER, APPELLEE
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The appellate court affirmed the trial court's judgment because the appellant failed to provide an adequate record for review.
[1] An appellant bears the burden of providing an adequate record for appellate review, including a transcript or stipulated statement of facts approved by the trial judge.
[2] Without a sufficient record, an appellate court must presume the trial court's decision is correct.
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Join FLexlaw to unlock all legal intelligenceThe husband appealed a final judgment of dissolution of marriage and the trial court's withholding of personal injury suit proceeds. The parties did n…
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SCHEB, Acting Chief Judge.
Ronald J. Kirchinger appeals the final judgment of dissolution of marriage. He advances various reasons for his dissatisfaction with the trial court’s award in favor of his former wife, Alice A. Kirchinger. Further, he challenges the court’s withholding from him the proceeds of a recent personal injury suit.
This appeal presents another unfortunate example of the risks inherent in choosing not to have trial court evidentiary proceedings recorded. Such a decision, while perhaps understandable due to the ever-increasing costs of litigation, nevertheless endangers the parties’ recourse to meaningful appellate review. We must presume that the trial court’s decision is correct unless the appellant, here the husband, provides us with a record by which we can evaluate contentions of error. Applegate v. Barnett Bank, 377 So. 2d 1150 (Fla.1980); Chisholm v. Chisholm, 538 So. 2d 961 (Fla. 3d DCA 1989). We have not been furnished either a transcript or a stipulated statement of facts approved by the trial judge. Fla.R.App.P. 9.200(b)(4). The record before us includes the parties’ financial affidavits and pleadings, but without a transcript of the supporting testimony, they do not provide a sufficient basis for review of the husband’s contentions. Beasley v. Beasley, 463 So. 2d 1248 (Fla. 5th DCA 1985). We take this opportunity to reiterate our previous cautionary comments concerning the necessity of preserving and presenting an adequate record for appellate review. See, Dawkins v. Dawkins, 494 So. 2d 282 (Fla. 2d DCA 1986); Bei v. Harper, 475 So. 2d 912 (Fla. 2d DCA 1985).
As to the court’s withholding of proceeds from the husband’s personal injury suit, any action on our part at this time would be premature. On appeal, the wife indicated that she will stipulate to have this matter resolved in the trial court. In any event, we think the trial court’s retention of jurisdiction in the final judgment is sufficient. Until the trial court acts in some further way, any resolution at the appellate level is inappropriate.
Affirmed.
DANAHY and THREADGILL, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Straley v. Frank, 585 So. 2d 334 (Fla. 2d DCA 1991)…presumption of correctness. Gevertz v. Gevertz, 566 So. 2d 541 (Fla. 3d DCA 1990); Foust v. Foust, 561 So. 2d 589 (Fla. 2d DCA), rev. denied, 564 So. 2d 1085 (Fla. 1990); Seijas v. Seijas, 557 So. 2d 102 (Fla. 3d DCA 1990); Kirchinger v. Kirchinger, 546 So. 2d 86 (Fla. 2d DCA 1989). Only if there is no basis in the record to support Stacy’s position on the gift issue, should the appellate court reverse the trial court’s finding that tacit joint and mutual gifts were intended by the parties’ various trans [*3…
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Harrison v. Harrison, 909 So. 2d 318 (Fla. 2d DCA 2004)…w that an appellate court must presume that a trial court’s decision is correct unless the appellant provides the appellate court with a record that is sufficient to evaluate the appellant’s contentions of error. See, e.g., Kirchinger v. Kirchinger, 546 So. 2d 86 (Fla. 2d DCA 1989); Beasley v. Beasley, 463 So. 2d 1248 (Fla. 5th DCA 1985). Although the record contains the parties’ financial affidavits and pleadings, without a transcript or its equivalent, they are not sufficient for our review of the appellan…
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Ricci v. Thompson, 548 So. 2d 1154 (Fla. 2d DCA 1989)…lated statement of facts on this point, we cannot evaluate the contentions of error, and must presume the court’s decision on this matter was proper. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979); Kirchinger v. Kirchinger, 546 So. 2d 86 (Fla. 2d DCA 1989); Fla.R.App.P. 9.200(b)(4). We also think it entirely feasible that the jury may have deducted certain amounts from the compensatory award because it found that not all of the Riccis’ chiropractic treatments were reasonable and nec…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- BEI v. Harper, 475 So. 2d 912 (Fla. 2d DCA 1985)
- Chisholm v. Chisholm, 538 So. 2d 961 (Fla. 3d DCA 1989)
- In re the Marriage of Ronald Wayne Beasley v. Corrie Gail Beasley, 463 So. 2d 1248 (Fla. 5th DCA 1985)
- State v. Haynes, 463 So. 2d 1248 (Fla. 5th DCA 1985)
- Dawkins v. Dawkins, 494 So. 2d 282 (Fla. 2d DCA 1986)