RIFAAT ZAKHARY, APPELLANT,
v.
MARTIN U.S.A., INC., ET AL., APPELLEE
RIFAAT ZAKHARY, APPELLANT,
MARTIN U.S.A., INC., ET AL., APPELLEE
640 So. 2d 1223
Florida District Court of Appeal, Fifth District (1994)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
AFFIRMED. The appellant, Rifaat Zak-hary, appeals the entry of a final judgment after a non-jury trial in favor of Martin, U.S.A., Inc. There was no court reporter present to provide a transcript of the trial and the parties did not prepare a stipulated statement pursuant to Florida Rules of Appellate Procedure 9.200(a)(3) or a statement of the evidence or the proceedings pursuant to Florida Rules of Appellate Procedure 9.200(b)(4). Since the decision of the trial court is presumed correct and Zakhary has the burden of demonstrating error, the failure to provide a record of the trial proceedings is fatal to his case. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150 (Fla.1979).
W. SHARP, GOSHORN and THOMPSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Durham v. Lany McNAIR, 659 So. 2d 1291 (Fla. 5th DCA 1995)…e were two contested hearings held before the trial judge, but only one was reported and appears in the record on appeal. This forecloses our ability to review matters that turn solely on contested factual issues. See Zakhary v. Martin U.S.A., Inc., 640 So. 2d 1223 (Fla. 5th DCA 1994); Wright v. Wright, 431 So. 2d 177 (Fla. 5th DCA 1983). With regard to the visitation schedule, it does appear to be more extensive than is customary in cases involving infants. The visitation periods extend late into the evening…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)