LAWRENCE H. GLEIM, APPELLANT,
v.
HAROLD J. GLEIM, APPELLEE
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The appellate court affirmed the trial court's judgment because the appellant failed to provide a sufficient record for review.
The plaintiff purchased a tractor, which came into the defendant's possession. The defendant traded it for another tractor, also titled in the plainti…
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The appellant, defendant below, seeks review of a final judgment in replevin, after a trial without jury, in favor of the plaintiff, his brother. The parties are designated as in the trial court.
The plaintiff purchased an International Tractor and title was taken in his name, although possession came to be in the defendant. The defendant subsequently traded the International Tractor for a Ken-worth Tractor and the title to the new vehicle also remained in the name of the plaintiff, with possession in the defendant. The plaintiff’s demand for the vehicle was refused and an action in replevin was filed. The defendant answered and claimed ownership under a resulting trust.
On final hearing the trial court held for plaintiff. The defendant has appealed therefrom, claiming in essence that the evidence established a resulting trust and that the trial court erred when it failed to find that such a trust existed.
The defendant has failed to provide this court with a transcript of the testimony and we are unable to review and determine the sufficiency of the evidence. It is the responsibility and duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Belfield v. Lochner, Fla. App.1964, 162 So.2d 668; Cleeland v. Miami Lincoln-Mercury, Inc., Fla.App.1964, 159 So.2d 260; Best v. Barnette, Fla.App.1961, 130 So.2d 90; Robinson v. Foland, Fla.App. 1960, 124 So.2d 512. Failure to do so herein requires us to affirm the decision of the trial court.
It is therefore
Affirmed.
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Johnson v. Town OF Eatonville, 203 So. 2d 664 (Fla. 4th DCA 1967)…y substantiation in the record as .to the correctness of the label. It is the responsibility and the duty of the petitioner to provide the appellate court with a record sufficient to review the matter assigned as error. Gleim v. Gleim, Fla.App.1965, 176 So. 2d 610; Belfield v. Lochner, Fla.App.1964, 162 So. 2d 668; Cleeland v. Miami Lincoln-Mercury, Inc., Fla.App.1964, 159 So. 2d 260. Petitioner has failed to supply a sufficient record. Certiorari denied. WALDEN, C. J., and CROSS, J., and WADDELL, THOMAS R.…
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S. Fla. Apt. Ass'n, Inc. v. Dansyear, 347 So. 2d 710 (Fla. 3d DCA 1977)…ubstance of the testimony at the time of the trial in this cause. Fla.App. Rule 3.6 h. It is the responsibility and duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Gleim v. Gleim, 176 So. 2d 610 (Fla.3d DCA 1965) and cases collected. In the absence of such a trial record, we find it impossible to determine whether the evidence at trial established the defense of the statute of frauds as a matter of law. This court, accordingly, has no alter…
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Conlee Constr. Co. v. CAY Constr. Co., 221 So. 2d 792 (Fla. 4th DCA 1969)…elling. It is the responsibility and the duty of the appellant to provide the appellate court with a record sufficient to review the matter assigned as error. Johnson v. Town of Eatonville, Fla.App.1967, 203 So. 2d 664; Gleim v. Gleim, Fla.App.1965, 176 So. 2d 610; Belfield v. Lochner, Fla.App. 1964, 162 So. 2d 668. Without the supersedeas bond or a copy thereof, this court cannot determine the extent and terms of the surety’s obligation. Thus we have no alternative but to affirm the determination of the lowe…
Previewing 3 of 18 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Belfield v. Lochner, 162 So. 2d 668 (Fla. 3d DCA 1964)
- Best v. Barnette, 130 So. 2d 90 (Fla. 2d DCA 1961)
- Robinson v. Foland, 124 So. 2d 512 (Fla. 1st DCA 1960)
- James v. Campbell, 124 So. 2d 512 (Fla. 3d DCA 1960)
- Cleeland v. Miami Lincoln-Mercury, Inc., 159 So. 2d 260 (Fla. 3d DCA 1964)