JOHN E. WRIGHT, APPELLANT,
v.
JEANNE H. WRIGHT, APPELLEE

Fla. 3d DCA | 1961-05-01
No. 60-453
HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.
129 So. 2d 164 Florida District Court of Appeal, Third District (1961) Positive Treatment
Cited by 1 case

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Synopsis

The appellate court affirmed a lower court's decision regarding child custody and support in a divorce case. The court found that the appellant husband failed to provide a complete record on appeal, making it impossible to review his contentions.


Holding

No, the chancellor did not err. The appellate court could not review the husband's contentions because the record on appeal was incomplete.


Key Quotes

“The record brought to this court contains only the deposition of the appellant.”

Establishes the inadequacy of the appellate record.

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Facts & Procedural History

The appellant husband sought to change the custody of minor children from his wife, the appellee, and also contested an award of support and alimony. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The appellant husband seeks review of a post decretal order in a divorce action in which the chancellor refused to change the custody of minor children from the appel-lee wife to the appellant, and awarded certain support and alimony.

The appellant’s main contention here is based on the failure of the evidence and testimony to support the chancellor’s action. The record brought to this court contains only the deposition of the appellant. The appellant’s brief refers to other evidence and testimony, but such evidence and testimony do not appear as a part of this record. See Greene v. Hoiriis, Fla.App.1958, 103 So.2d 226, 227, and cases cited therein.

Upon the record presented, we fail to find that the chancellor erred. Accordingly the decree appealed is affirmed.

Affirmed.

HORTON, C. J., and PEARSON and CARROLL, CHAS., JJ., concur.


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Citator

Cited By

  • Epperson v. Rupp, 157 So. 2d 537 (Fla. 3d DCA 1963)
    …to review such an order by final appellate proceedings. In this connection, our attention has been directed to previous opinions of this court, found in: In re Nolan’s Estate, Fla.App.1959, 114 So. 2d 341, and in Birnbaum v. Feinstein, Fla.App.1961, 129 So. 2d 164, which relate to this jurisdictional question. The first opinion indicates that such an order is reviewable by this type of pro [*538] ceedings, and the latter opinion indicates that it is not. The appellant filed a claim which was objected to by a…
    1 / 2

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