ETHEL R. GUILDEN, APPELLANT,

v.

IRA GUILDEN, APPELLEE

Citator

Cited By

• Althouse v. State Farm Fire & Cas. Co., 183 So. 2d 859 (Fla. 2d DCA 1966)
  …contention. See also United States v. Dahlberg, Fla.App.1959, 115 So. 2d 86 and Ellison v. Anderson, Fla.1954, 74 So. 2d 680. And a case involving an identical procedural situation to the instant case is Fricke v. Gaines Const. Co., Fla.App.1958, 105 So. 2d 374. In Fricke the lower court had granted summary judgment in behalf of the defendant based upon the record, exhibits and other matter of record, namely, the admissions of counsel. In affirming the judgment, the Third District Court held that an appell…
• Frank v. Jensen, 114 So. 2d 331 (Fla. 3d DCA 1959)
  …ndings of the lower Court were based upon evidentiary matters or a record which is not included in the transcript on appeal, it is impossible for this Court to review the orders of the lower Court.’ ” Fricke v. Gaines Construction Co., Fla.App.1958, 105 So. 2d 374, 375. See, also, Greene v. Hoiriis, Fla.App.1958, 103 So. 2d 226; Hall v. Davis, Fla.App.1958, 106 So. 2d 599; 3 Am.Jur., Appeal & Error, § 568. Accordingly, the judgment appealed from should be and hereby is affirmed. Affirmed. HORTON, C. J., an…
• Peters Mach. Corp. v. Blairsville Mach. Prods. Co., Inc., 413 So. 2d 802 (Fla. 3d DCA 1982)
  …s also claimed as error. As to the first issue, the appellant has failed to provide a proper record for our review. Accordingly, we presume the trial court’s findings following an evidentiary hearing are correct. Fricke v. Gaines Construction Co., 105 So. 2d 374 (Fla. 3rd DCA 1958). Nor did Peters allege a meritorious defense required by Fla.R.Civ.P. 1.540. GACL, Inc. v. Zeger, 276 So. 2d 552 (Fla. 3rd DCA 1973). The claim was liquidated and judgment entered on plaintiff’s theory of money had and received w…

Authorities Cited

• Elizabeth v. Duss, 92 Fla. 1081 (Fla. 1926)
• Ira Guilden v. Guilden, 104 So. 2d 737 (Fla. 3d DCA 1958)