PEGGY ALDRICH, PERSONAL REPRESENTATIVE, PETITIONER,
v.
ESTATE OF GRACE M. ALDRICH, RESPONDENT
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.
The appellate court denied a petition for certiorari review of an order disqualifying an attorney. The court found that the petitioners failed to provide the necessary transcript or statement of proceedings to demonstrate error in the lower court's decision.
The appellate court denied the petition for certiorari. The petitioners failed to meet their burden of proof because they did not provide a transcript or an approved statement of the evidence and proceedings from the lower court hearing.
[1] An appellate court will assume that a sufficient showing was made to support the order entered below when the appellant fails to provide a transcript of the hearing or an…
[2] Failure to provide an appellate court with a transcript of a hearing or an approved statement of the evidence and proceedings results in a failure to sustain the burden o…
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“However, it is impossible for this court to determine whether the issues raised in this petition were properly presented below and whether the trial court ruled thereon because the Aldriches have failed to provide this court with a transcript of the hearing held below or an approved statement of the evidence and proceedings as authorized under Florida Rule of Appellate Procedure 9.200(b)(4).”
Explains the primary reason for denying the petition.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePetitioners sought to disqualify their attorney in a contested probate proceeding, arguing the attorney was not an indispensable witness and disqualif…
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 cases and more on FLexlaw
PALMER, J.
Petitioners, Peggy and Earl Aldrich, seek certiorari review of an order which disqualifies their attorney from representing them or any other party in this contested probate proceeding based upon the finding that the attorney is a necessary and indispensable witness in this matter. We deny the petition.
In seeking certiorari relief, the Aldrieh-es contend that disqualification is unwarranted because their attorney is not an indispensable witness, that disqualification would work a substantial hardship on them, and that the trial court failed to properly conduct an evidentiary hearing to determine if their attorney was an indispensable witness.
However, it is impossible for this court to determine whether the issues raised in this petition were properly presented below and whether the trial court ruled thereon because the Aldriches have failed to provide this court with a transcript of the hearing held below or an approved statement of the evidence and proceedings as authorized under Florida Rule of Appellate Procedure 9.200(b)(4).
Although the Aldriches submitted affidavits and various deposition testimony to this court by way of an appendix to their petition, it is impossible to verify which attachments to the petition were actually introduced into evidence or considered by the trial court. As such, the Aldriches have failed to meet their burden of proof. See Colby Materials Inc., v. Caldwell Constr., Inc., 868 So. 2d 584 (Fla. 5th DCA 2004)(holding that the failure to provide the court with either a transcript of the hearing or an approved statement of the evidence and proceedings pursuant to rule 9.200(b)(4) of the Florida Rules of Appellate Procedure results in a failure to sustain the burden of proving any error); Scotty’s, Inc. v. Olivieri, 713 So. 2d 1020 (Fla. 5th DCA 1998)(holding that, absent transcript, the appellate court will assume that a sufficient showing was made to support the order entered below).
PETITION DENIED.
ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Colby Materials, Inc. v. Caldwell Constr., Inc., 868 So. 2d 584 (Fla. 5th DCA 2004)
- Scotty's, Inc. v. Olivieri, 713 So. 2d 1020 (Fla. 5th DCA 1998)