ROBERT R. FRANK, TRUSTEE, PETITIONER,
v.
RICHARD R. JENSEN AND CAROLE A. JENSEN, HIS WIFE, RESPONDENTS
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The Florida Supreme Court quashed a writ of certiorari, finding that the District Court of Appeal correctly refused to review a lower court judgment due to an incomplete appellate record. The appellate court could not review a law action judgment when the record of a related prior chancery foreclosure suit was missing.
No, an appellate court cannot review a judgment in a law action if the record of a related prior chancery foreclosure suit is missing from the record on appeal.
“The record on appeal to the District Court of Appeal, Third District, did not contain the record in the chancery foreclosure suit.”
Establishes the factual basis for the appellate court's inability to review the case.
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Join FLexlaw to unlock all legal intelligenceA law action sought a declaratory decree in a mortgage foreclosure suit. The appeal to the District Court of Appeal did not include the record of the …
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Petition for certiorari was granted based on probable jurisdiction and argument was heard directed to the question of jurisdiction and the merits.
The judgment in controversy grew out of a law action seeking a declaratory decree in a mortgage foreclosure suit conducted between the parties. The mortgage was given to secure the promissory note upon which the law action was predicated. The record on appeal to the District Court of Appeal, Third District, did not contain the record in the chancery foreclosure suit. The District Court found that it could not review the judgment of the lower court based on the record of a prior chancery action, the record of which was not included in the record on appeal.
This holding was based on Cohen v. Cohen, Fla.1954, 70 So.2d 362, supported by Greene v. Hoiriis, Fla.App.1958, 103 So.2d 226, Fricke v. Gaines Construction Co., Fla.App.1958, 105 So.2d 374, and Hall v. Davis, Fla.App.1958, 106 So.2d 599. We find that the judgment of the District Court of Appeal was free from error.
It follows that the writ was improvidently issued and being so, it is hereby quashed.
THOMAS, C. J., and HOBSON, ROBERTS and DREW, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Sauer v. Town OF Miami Springs & John Houghton, 124 So. 2d 511 (Fla. 3d DCA 1960)…[*512] PER CURIAM. Affirmed. See Frank v. Jensen, Fla.1960, 118 So. 2d 545; Broward County Port Authority, etc. v. F. M. Rule & Co., Fla.App. 1960, 119 So. 2d 82; Moyer v. Moyer, Fla.App.1959, 114 So. 2d 638; Frank v. Jensen, Fla.App.1959, 114 So. 2d 331; Simon v. Simon, Fla.App.1959, 114 So. 2d 21; Greene v. Hoiriis, Fla.…
Authorities Cited
- NIX v. Lake W. Koontz, 103 So. 2d 226 (Fla. 2d DCA 1958)
- Hall v. Davis, 106 So. 2d 599 (Fla. 1st DCA 1958)
- Cohen v. Cohen, 70 So. 2d 362 (Fla. 1954)
- Guilden v. Ira Guilden, 105 So. 2d 374 (Fla. 3d DCA 1958)
- Fricke v. Gaines Constr. Co., 105 So. 2d 374 (Fla. 3d DCA 1958)