ANNE GRACE SHORT, APPELLANT,
v.
JOHN SULLIVAN SHORT, APPELLEE
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The appellate court affirmed a lower court's order modifying a divorce decree's custody award because the appellant failed to provide a transcript of the lower court proceedings. Without a record of the evidence presented, the appellate court could not determine if the lower court abused its discretion.
No, the appellate court could not determine if the lower court abused its discretion because no transcript of the proceedings was provided. Therefore, the order is affirmed.
“Without such a record, it is impossible for this court to determine if the chancellor abused his discretion.”
Explains why the court cannot review the lower court's decision.
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Join FLexlaw to unlock all legal intelligenceThe appellant sought review of a post-final decree order that modified a divorce decree regarding child custody. No court reporter was present at the …
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By this interlocutory appeal, the appellant brings on for review a post-final decree order modifying that portion of a final, decree of divorce awarding her the custody of the minor child of the parties.
Unfortunately, we were not presented with a transcript of the proceedings which took place before the chancellor upon the petition for modification, as there was no court reporter present. Without such a record, it is impossible for this court to determine if the chancellor abused his discretion. See: Hall v. Davis, Fla.App.1958, 106 So.2d 599; Insana v. Hasty, Fla.App. 1959, 109 So.2d 791; Southern National Bank of Fort Walton Beach v. Young, Fla.App.1962, 142 So.2d 788. Once again, for the benefit of the bar, attention is called to the appropriate procedure to be used to-establish a record when no court reporter was present at the hearing. See: Downing v. Bird, Fla.App.1962, 145 So.2d 559; Pottash v. Dry & Company, 8 Fla.Supp. 174.
Therefore, without the benefit of the evidence upon which the chancellor rendered' his decision, we must accept his order as-correct and same is hereby affirmed, without prejudice to the appellant to apply to the-chancellor for reasonable rights of visitation and to seek a modification of the custody order at any time in'the future, in the-event of new conditions arising which *539would justify a modification thereof for the best interests of the child. See: Sayward v. Sayward, Fla.1949, 43 So.2d 865; 10 Fla.Jur., Divorce, § 262.
Affirmed.
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The Travelers Ins. Co. v. Agric. Delivery Serv., 262 So. 2d 210 (Fla. 2d DCA 1972)…lst there is a possibility of attaining the truth 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…
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Veterans Loan Auth. v. Danzo, 210 So. 2d 461 (Fla. 3d DCA 1968)…t of the circuit court in favor of appellee, Margaret Mary Gro-gan. The appellant has not brought us a record of the testimony and evidence before the trial judge; we therefore affirm the judgment upon the authority of Short v. Short, Fla.App.1964, 162 So. 2d 538, and McEachin v. McEachin, Fla.App.1963, 154 So. 2d 894, 898. We have considered appellant’s point directed to the court’s discretion in setting aside a default judgment against the appellee and hold that no error has been demonstrated. See Florida…
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City OF Miami v. Brown, 256 So. 2d 78 (Fla. 3d DCA 1971)…t is so ordered. . Moyer v. Moyer, Fla.App.1959, 114 So. 2d 638 (citing Pottash v. Dry and Company, 8 Fla.Supp. 174) ; Downing v. Bird, Fla.App.1962, 145 So. 2d 559, 560; Lyden v. DePiera, Fla.App.1963, 147 So. 2d 573; Short v. Short, Fla.App.1964, 162 So. 2d 538; Bryant v. State, Fla.App. 1967, 204 So. 2d 9, 10; Harwell v. Wilder, Fla.App.1971, 247 So. 2d 90.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Hall v. Davis, 106 So. 2d 599 (Fla. 1st DCA 1958)
- Sayward v. Sayward, 43 So.2d 865 (Fla. 1949)
- Lottie Sykes Downing v. Bird, 145 So. 2d 559 (Fla. 3d DCA 1962)
- S. Nat'l Bank OF Fort Walton Beach v. Young, 142 So. 2d 788 (Fla. 1st DCA 1962)
- Insana v. Hasty, 109 So. 2d 791 (Fla. 2d DCA 1959)
- Pottash v. DRY & Co., 8 Fla. Supp. 174 (Dade Cty. Cir. Ct. 1956)