JOHN A. LYDEM, DOING BUSINESS AS MICKLER & LYDEN, APPELLANT,
v.
LILIA ROJAS DEPIERA AND HENRI F. WITHINGTON AND GLADYS WITHINGTON, HIS WIFE, APPELLEES
JOHN A. LYDEM, DOING BUSINESS AS MICKLER & LYDEN, APPELLANT,
LILIA ROJAS DEPIERA AND HENRI F. WITHINGTON AND GLADYS WITHINGTON, HIS WIFE, APPELLEES
147 So. 2d 573
Florida District Court of Appeal, Third District (1962)
Caution
Cited by 14 cases
Opinion of the Court
The appellant, plaintiff in the trial court, seeks review of a final judgment rendered in favor of the defendant following a non-jury trial.
*574Unfortunately, the trial proceedings were not transcribed and the record has not been perfected in accordance with the principles announced in Potash v. Dry & Company, 8 Fla.Supp. 174, which procedure was cited with approval by this court in Moyer v. Moyer, Fla.App.1959, 114 So.2d 638.
Therefore, not having the evidence before us that was taken in the trial court, we have no alternative but to affirm the final judgment. See: Hall v. Davis, Fla.App. 1958, 106 So.2d 599.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Shupack v. Allstate Ins. Co., 356 So. 2d 1298 (Fla. 3d DCA 1978)…ent. It does not constitute a final judgment, nor is it an order from which an interlocutory appeal could properly lie. See Harris v. Mosteller, 253 So. 2d 275 (Fla. 2d DCA 1971); Arnold v. Brady, 178 So. 2d 732 (Fla. 2d DCA 1965); Lyden v. DePiera, 147 So. 2d 573 (Fla. 3d DCA 1962); Stone v. Buckley, 119 So. 2d 298 (Fla. 2d DCA 1960); Chastain v. Embry, 118 So. 2d 33 (Fla. 2d DCA 1960); Elliott v. Lazar, 104 So. 2d 618 (Fla. 2d DCA 1958); and Renard v. Kirkeby Hotels, 99 So. 2d 719 (Fla. 3d DCA 1958). We re…
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The Travelers Ins. Co. v. Agric. Delivery Serv., 262 So. 2d 210 (Fla. 2d DCA 1972)…h by other means”. There have been other Florida cases involving diminution of the record due to the absence of trial testimony because of no Court reporter at the trial, Short v. Short, Fla.App.1964, 162 So. 2d 538; Lyden v. DePiera, Fla.App.1962, 147 So. 2d 573; Harwell v. Wilder, Fla.App.1971, 247 So. 2d 90, but these cases were in each instance summarily disposed of by observing that such defect could have been remedied by following the course suggested in Downing, Potash, and/or Moyer, thus shedding no…
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Farto v. State, 348 So. 2d 398 (Fla. 3d DCA 1977)…PER CURIAM. Affirmed. Capitol Indemnity Insurance Company v. State, 86 So. 2d 156 (Fla.1956); Lyden v. DePiera, 147 So. 2d 573 (Fla.3rd D.C.A.1962).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. Davis, 106 So. 2d 599 (Fla. 1st DCA 1958)
- Moyer v. Moyer, 114 So. 2d 638 (Fla. 3d DCA 1959)
- Pottash v. DRY & Co., 8 Fla. Supp. 174 (Dade Cty. Cir. Ct. 1956)