DONALD GADDIS, APPELLANT,
v.
ATLANTIC AUTO RENTAL, INC., A FLORIDA CORPORATION, APPELLEE
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This case involves an appeal from a replevin action where the appellant failed to provide a transcribed record of the trial proceedings. The appellate court affirmed the lower court's decision due to the lack of a sufficient record to review for error.
No, an appellate court cannot review a trial court's judgment for error without a proper record of the proceedings, such as a transcript of testimony.
“Since we do not have a transcript of testimony there is no basis for this court to say that error was committed by the trial judge.”
This quote explains the primary reason for affirming the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Atlantic Auto Rental, Inc., brought a replevin action against the defendant, Donald Gaddis. The trial was heard by a judge without a ju…
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In a replevin action heard before the trial judge without a jury a final judgment was entered for the plaintiff. Under the issues created through the pleadings, both parties offered testimony to establish their respective positions.
It appears that the trial proceedings were not transcribed nor did defendant, appellant here, attempt to establish a record of such proceedings for use in this appeal. The final judgment shows that the judge made certain findings from the testimony that he heard and from which he rendered his judgment. The defendant-appellant sets out certain facts in his brief which he uses as support for reversing. Since we do not have a transcript of testimony there is no basis for this court to say that error was committed by the trial judge. Johnson v. Roberts, Fla.1955, 79 So.2d 425; and Broward County Port Authority for Use and Benefit of Beacon Light Paint & Wallpaper Corp. v. F. M. Rule & Co., Fla.App. 1960, 119¡ So.2d 82.
Affirmed.
ALLEN, C. J., and KANNER and SHANNON, JJ., concur.
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In re Guardianship OF Iva Mae Palmer White, 140 So. 2d 311 (Fla. 1st DCA 1962)…reflected by the order appealed. In that posture, we indulge the presumption that had the evidence been included, it would have been sufficient to support all factual findings of the lower court. See Gaddis v. Atlantic Auto Rental, Inc. (Fla.App.), 130 So. 2d 295, and cases cited therein. Contrary to the recitation of orders approving certain annual accounts of the guardian, entered by a judge of the circuit court acting in the absence of the County Judge, it appeárs that objections to the guardian’s accoun…
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Gilson v. Murphy, 151 So. 2d 447 (Fla. 2d DCA 1963)…nd where there is a failure to bring such record before the appellate court, the contentions of the appellant cannot be decided by the appellate court. Gross v. Gross, Fla.App.1961, 131 So. 2d 487; Gaddis v. Atlantic Auto Rental, Inc., Fla.App.1961, 130 So. 2d 295; Broward County Port Authority, etc. v. F. M. Rule & Company, Fla. App.1960, 119 So. 2d 82; Greene v. Hoiriis, Fla.App.1958, 103 So. 2d 226. Since this is the situation with which we are confronted; we cannot say that error was com [*448] mitted by…
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Carlie Johnson and John E. Johnson v. City OF Pensacola, 164 So. 2d 844 (Fla. 1st DCA 1964)…said appeal.” F.S. Section 59.07, F.S.A. . Lockhart v. Friendly Finance Co., (Fla.App.1959) 110 So. 2d 478, 481. . Wise v. Jacksonville Gas Corporation, (Fla.App.1957) 97 So. 2d 704. . Ogden Trucking Company v. Heller Bros. & Co., (Fla.App.1961) 130 So. 2d 295.…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. Roberts, 79 So. 2d 425 (Fla. 1955)