QUEEN ELIZABETH COOPER-MEISTER
v.
JOSEPH MEISTER
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A trial court's order must be affirmed on appeal when the appellant fails to provide a transcript of the underlying hearing or stipulated statement and the order is not fundamentally erroneous on its face.
[1] On appellate review, a trial court judgment is presumed correct, and the burden is on the appellant to demonstrate error.
[2] Without a transcript of the underlying hearing or a stipulated statement under Florida Rule of Appellate Procedure 9.200, a challenged order that is not fundamentally err…
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PER CURIAM.
Affirmed. See Curbelo v. Ullman, 571 So. 2d 443, 444 (Fla. 1990) (noting that Florida Rule of Civil Procedure 1.540 was not “intended to serve as a substitute . . . for appellate review of judicial error” but “to provide relief from judgments, decrees or orders under a limited set of circumstances” (quoting Fiber Crete Homes, Inc. v. Div. of Admin., 315 So. 2d 492, 493 (Fla. 4th DCA 1975))); Applegate v. Barnett Bank of Tallahassee, 377 So. 2d 1150, 1152 (Fla. 1979) (“In appellate proceedings the decision of a trial court has the presumption of correctness and the burden is on the appellant to demonstrate error.”); GMAC Mortg., LLC v. Palenzuela, 208 So. 3d 181, 183 (Fla. 3d DCA 2016) (observing that generally, in absence of transcript of underlying hearing, or stipulated statement as allowed by Florida Rule of Appellate Procedure 9.200, challenged order that is not fundamentally erroneous on its face must be affirmed).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Pitcher v. Schneider (Fla. 5th DCA 2018)
- Arnaldo Curbelo, M.D. v. Ullman, 571 So. 2d 443 (Fla. 1990)
- Fiber Crete Homes, Inc. v. Division OF Administration, 315 So. 2d 492 (Fla. 4th DCA 1975)
- Gmac Mortg., LLC v. Palenzuela, 208 So. 3d 181 (Fla. 3d DCA 2016)