LISA DOWD
v.
ALL AMERICAN ASPHALT, LLC AND GEORGE STEVENS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Without a transcript of the hearing where the trial court denied the motion to continue, the appellate court must assume the trial court correctly decided the issues and cannot conclude it erred.
[1] When an appellant fails to provide a transcript of the hearing at which the trial court ruled, the appellate court must assume the trial court correctly decided the issue…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceLisa Dowd sought an emergency motion to continue her trial hearing scheduled for October 15, 2014, claiming the trial court failed to respond to her r…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appellate Record Sufficiency cases and more on FLexlaw
PER CURIAM.
AFFIRMED. Appellant, Lisa Dowd, alleges that the trial court erred in denying her Page 1 of 1 [*1] Emergency Motion to Continue Trial Hearing Set for October 15, 2014, because the court failed to respond to her request for Americans with Disabilities Act ("ADA") accommodations or to provide her with reasonable accommodations. There is no transcript of the October 15, 2014 hearing where the trial court denied the motion. Without a transcript of the hearing, we are unable to review what evidence or arguments were presented by the parties. Therefore, we cannot conclude that the trial court erred by denying the motion. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1979). Under these circumstances, this Court in its appellate capacity must assume the trial court correctly decided the issues. Crusaw ν. Crusaw, 637 So. 2d 949, 949 (Fla. 1st DCA 1994). Accordingly, we are constrained by the lack of an adequate record, and must affirm the final judgment. See Applegate, 377 So. 2d 1150.
CARACUZZO, COLIN, and BLANC, JJ. concur. [*2] IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA APPELLATE DIVISION (CIVIL): AY CASE NO: 502015AP000070XXXXMB L.T. NO: 502013SC002195XXXXMB LISA DOWD, individually,
Appellant,
V.
ALL AMERICAN ASPHALT, LLC, a Florida limited liability company, and GEORGE STEVENS, individually, Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Crusaw v. Crusaw, 637 So. 2d 949 (Fla. 1st DCA 1994)