STANLEY FELSEN, APPELLANT,
v.
LORETTA C. FELSEN, APPELLEE
STANLEY FELSEN, APPELLANT,
LORETTA C. FELSEN, APPELLEE
629 So. 2d 1083
Florida District Court of Appeal, First District (1994)
Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.
Upon review of the briefs, and the record presented, we have determined that disposition of this appeal is governed by Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla. 1st DCA 1979), in which the court held that in appellate proceedings, the decision of the trial court has the presumption of correctness, and the burden is on the appellant to demonstrate error; the lack of a trial transcript or a proper substitute precludes appellate review of the underlying factual issues so as to preclude the conclusion that the trial court’s judgment is not supported by the evidence, or upon some alternative theory.
AFFIRMED.
SMITH, BARFIELD and MICKLE, JJ., concur.
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Fontainebleau Hilton & United Self-Insured Servs. v. Baldomino, 630 So. 2d 1257 (Fla. 1st DCA 1994)…awarded temporary partial disability benefits beyond a certain date. We affirm. The determination of AWW is supported by our recent en banc decision in Vegas v. Globe Security, 627 So. 2d 76 (Fla. 1st DCA 1993). See also Nowak v. YMCA South County, 629 So. 2d 1083 (Fla. 1st DCA 1994). On the second issue, we find competent substantial evidence in the record to support the award of benefits based on wage-request forms covering the entire period of the award. AFFIRMED. SMITH, MINER and MICKLE, JJ., concur.…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)