MONTGOMERY BLAIR SIBLEY, APPELLANT,
v.
BARBARA SIBLEY, APPELLEE
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PER CURIAM.
The trial court entered its ruling after a lengthy evidentiary hearing, and father who appeals has not favored us with a trial transcript. The trial court’s decision arrives here clothed with a presumption as to its correctness, and the burden is on the appellant to demonstrate error. See Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla.1979). As here, where a transcript of the testimony or other substitute is not supplied to the appellate court, the court must accept the factual findings in the judgment as being correct and assume they are supported by competent substantial evidence. See Beniaminov v. Beniaminov, 789 So. 2d 494 (Fla. 3d DCA 2001). The appellant’s failure to provide us with a complete transcript of the testimony impacts upon all of the issues raised by him. For example, appellant complains that he has not had a meaningful hearing, that he was deprived of the opportunity to present his case, and that he was limited in the evidence he could introduce. With no transcript, or proffer, however, there is no way for this court to decide if error has occurred. See Lucas v. State, 568 So. 2d 18 (Fla.1990).
Affirmed.
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Montgomery Blair Sibley v. Sibley, 885 So. 2d 980 (Fla. 3d DCA 2004)…reh’g denied, 835 So. 2d 1141 (Fla. 3d DCA 2002); 8) Sibley v. Sibley, 831 So. 2d 192 (Fla. 3d DCA 2002) (02-412); 9) Sibley v. Sibley, 823 So. 2d 785 (Fla. 3d DCA 2002); 10) Sibley v. Sibley, 816 So. 2d 136 (Fla. 3d DCA 2002); 11) Sibley v. Sibley, 815 So. 2d 673 (Fla. 3d DCA 2002), rev. denied, 833 So. 2d 774 (Fla.2002); 12) Sibley v. Sibley, 814 So. 2d 1054 (Fla. 3d DCA 2002); 13) Sibley v. Sibley, 803 So. 2d 738 (Fla. 3d DCA 2001); 14) Sibley v. Sibley, 795 So. 2d 71 (Fla. 3d DCA 2001); 15) Sibley v. Sibl…
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Montgomery Blair Sibley v. Sibley, 833 So. 2d 847 (Fla. 3d DCA 2002)…. The following is only a partial recounting of the litigation he has unsuccessfully generated to achieve that end: Sibley v. Sibley, 823 So. 2d 785 (Fla. 3d DCA 2002)(table); Sibley v. Sibley, 816 So. 2d 136 (Fla. 3d DCA 2002); Sibley v. Sibley, 815 So. 2d 673 (Fla. 3d DCA 2002), review denied, No. SC02-1309, 833 So. 2d 774 (Fla. Nov.22, 2002)(table); Sibley v. Sibley, 814 So. 2d 1054 (Fla. 3d DCA 2002)(table); Sibley v. Sibley, 793 So. 2d 959 (Fla. 3d DCA 2001)(table); Sibley v. Sibley, 803 So. 2d 738 (F…
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Albert v. Applegate et ux., 377 So. 2d 1150 (Fla. 1979)
- Lucas v. State, 568 So. 2d 18 (Fla. 1990)
- A.M. v. Dep't of Child. & Families, 789 So. 2d 494 (Fla. 4th DCA 2001)